Case ID |
44dd5f2c-5f97-4668-bc9f-e6a18c489902 |
Body |
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Case Number |
H.C.A. No. 17 of 2012 |
Decision Date |
Dec 10, 2013 |
Hearing Date |
Oct 08, 2013 |
Decision |
The High Court Appeal was dismissed, affirming the Single Judge's order which denied the appellant's request for administering interrogatories on the respondent. The court held that matters already adjudicated by foreign courts are conclusive and cannot be reopened except under specific exceptions outlined in Section 13 of the Civil Procedure Code. The court emphasized that interrogatories are not applicable in cases where the suit is based solely on a foreign judgment, as the facts are deemed conclusive. |
Summary |
This case involves the Sindh High Court's decision regarding the validity of interrogatories filed by the appellant in a suit based on a foreign judgment. The court ruled that since the foreign judgment is conclusive under Section 13 of the Civil Procedure Code, the interrogatories sought by the appellant were irrelevant. The court reiterated that foreign judgments cannot be challenged or reopened unless they fall under specific exceptions. The ruling clarifies the procedural intricacies of handling foreign judgments in Pakistani courts, emphasizing the sanctity of foreign judicial decisions. This case highlights the importance of understanding the implications of foreign judgments and their enforceability within the jurisdiction, particularly under the Civil Procedure Code. Legal practitioners must navigate these waters carefully to ensure compliance with procedural laws while advocating for their clients' rights. |
Court |
Sindh High Court
|
Entities Involved |
|
Judges |
AQEEL AHMAD ABBASI,
MUHAMMAD JUNAID GHAFFAR
|
Lawyers |
Akhtar Ali Mahmood,
Hamza I. Ali
|
Petitioners |
Syed JAFFER ABBAS
|
Respondents |
HABIB BANK LIMITED
|
Citations |
2014 SLD 103,
2014 PLD 209
|
Other Citations |
Muhammad Ilyas Hussain v. Cantonment Board, Rawalpindi PLD 1976 SC 785,
Muhammad Khan v. Ghulam Abbas 2002 MLD 1372,
Abdul Ghani v. Saley Muhammad PLD 1960 Kar. 594
|
Laws Involved |
Civil Procedure Code (V of 1908),
Law Reforms Ordinance, 1972
|
Sections |
13,
44-A,
151,
O.XI, R.2,
3
|