| Case ID |
3d42181a-53a8-435b-b6cc-223279de53fb |
| Body |
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| Case Number |
Civil Appeal No.1120 of 1990 |
| Decision Date |
Jan 13, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the High Court's decision which directed the appellant and the Inspector, F.I.A. to pay costs of Rs.1,000 each from their own pockets. The Court emphasized that costs are awarded to the successful party to compensate for unnecessary litigation and to penalize parties who disregard obvious facts or legal provisions. The Court found that the actions taken by the Inspector were without lawful authority and therefore, the costs were properly awarded against him personally. The appeal was partly allowed with no additional costs. |
| Summary |
In the case of Civil Appeal No.1120 of 1990, the Supreme Court of Pakistan addressed the issue of costs in litigation, specifically under Section 35 of the Civil Procedure Code (V of 1908). The case arose from a petition filed by respondent No.1 challenging an order issued by the Inspector of the Federal Investigation Agency (F.I.A.), which restrained him from constructing on plots he had lawfully purchased. The Supreme Court concluded that the Inspector acted beyond his authority, leading to unnecessary litigation for the petitioner. The Court's ruling reinforced the principle that costs should be awarded to compensate aggrieved parties and to deter arbitrary actions by officials. Keywords: costs in litigation, Supreme Court of Pakistan, Civil Procedure Code, authority in law, unnecessary litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
SALEEM AKHTAR
|
| Lawyers |
Not available
|
| Petitioners |
BASHIR AHMAD,
Khurshid Ahmad Naz Faridi
|
| Respondents |
Inspector, F.I.A.
|
| Citations |
1993 SLD 611,
1993 SCMR 639
|
| Other Citations |
S.S. Miranda Ltd. v. Chief Commissioner, Karachi PLD 1959 SC (Pak.) 134
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
35
|