SAMIULLAH vs BAZ MUHAMMAD S — 2021 PLD 196 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PLD 196 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PLD
Parties: SAMIULLAH vs BAZ MUHAMMAD S
Subject matter: Criminal
Provisions referred to: S. 12; Civil Procedure Code

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

SAMIULLAH VS BAZ MUHAMMAD S. 12(2)---Phrase 'court which passed the final judgment, decree or order'---Scope---Applicant's prior application under S.12(2) for setting aside the order of trial Court was dismissed by trial Court as withdrawn for filing it before proper forum i.e. High Court---Held, that contention of respondents that application under S.12(2) of Civil Procedure Code, 1908 could not be filed before Trial Court because High Court affirmed judgment of Trial Court, had no force---With respect to the four situations relevant to the determination of the final court within the purview of S.12(2) of C.P.C. as mandated by Supreme Court in Sahabzadi Maharunisa v. Mst. Ghulam Sughran (PLD 2016 SC 358), High Court recorded elaborate observations:

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