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MUHAMMAD ARSHAD ANJUM vs Mst — 2021 SCMR 1145 SUPREME-COURT

Case information

Citation
2021 SCMR 1145 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD ARSHAD ANJUM vs Mst
Subject matter
Civil
Provisions referred to
S. 17---C; S. 12; Civil Procedure Code (V of 1908); Family Courts Act

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

MUHAMMAD ARSHAD ANJUM VS Mst. KHURSHID BEGUM S. 17---Civil Procedure Code (V of 1908), Ss. 10, 11 & 12(2)---Fraud---Land bought by petitioner, unknown to him, under attachment due to a decree passed by Family Court in favour of respondent---Question as to whether exclusion of the provisions of the Code of Civil Procedure, 1908 (C.P.C.) barring Ss. 10 & 11 thereof, stood in impediment to petitioner's approach to the Family Court for re-examination of the judgment within the contemplation of S. 12(2), C.P.C. or that he should have asserted his claim of being a bona fide purchaser with consideration through an intervener in civil plenary jurisdiction---Held, that there was no clog on the authority of a Family Court to re-examine its earlier decision with a view to secure the ends of justice and prevent abuse of its jurisdiction and for the said purpose, in the absence of any express prohibition in the Family Courts Act, 1964, it could borrow the procedure from available avenues, chartered by law---In the present case, the Family Court decreed the suit, without a full dress trial merely upon failure of respondent's husband to take special oath, a circumstance that also prevailed with the Appellate Court---Ostensible contest remained restricted between the spouses without slightest breach in their nuptial bond, therefore, in the circumstances, reconsideration/re-examination of the impugned judgment and decree by the Family Court was the only expedient option, conducive to the interest of the contestants---Petition for leave to appeal was converted into appeal and allowed, impugned judgment was set aside, and it was directed that the petitioner's application under S. 12(2) of C.P.C. before the Additional District Judge shall be deemed to be pending.

Other judgments reported in 2021 SCMR

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