MUHAMMAD SALMAN vs NAVEED ANJUM Scope — 2021 SCMR 1675 SUPREME-COURT

Case information

Citation: 2021 SCMR 1675 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUHAMMAD SALMAN vs NAVEED ANJUM Scope

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 SALMAN VS NAVEED ANJUM Scope---Power of court to convert one form of proceedings filed in a wrong forum and remit or transfer the same to a court or forum of competent jurisdiction---Scope---Power to convert and or treat one kind of proceeding into another was derived from the doctrine of "ex debito justitiae", wherein, the Court owed a debt to the litigant to correct an error in judicial dispensation---Such authority was inherently possessed and exercised by the Court not only to advance the cause of justice but also to prevent injustice---Superior Courts could not be barred or restrained to ascertain the true nature of proceedings, convert one type of proceeding into another and either proceed to decide the matter itself, provided the court itself had jurisdiction over the lis, or may remit the lis to the court/forum of competent jurisdiction for decision on its own merits.

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