KARIM DAD vs Mst — 2021 MLD 642 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 642 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: KARIM DAD vs Mst
Subject matter: Civil
Provisions referred to: S. 35-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KARIM DAD VS Mst. SHAHZADGAI S.35-a & O. XLI, R. 33---Compensatory costs in respect of false or vexatious claims or defences---Power of Court of appeal---Scope---Petitioner assailed the dismissal of his suit for pre-emption, dismissal of his appeal and imposition of costs by the appellate Court---Validity---Section 35-a, C.P.C. empowered the Trial Court alone to give compensatory costs to the successful party against the defeated party, if the claim or defence was found false, vexatious and the successful party had taken the plea at earliest stage of suit---Imposition of cost by the appellate Court was held to be without jurisdiction, as such, findings to such extent were modified---Revision petition was dismissed.

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