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EDWIN COE LLP vs NASEIM AHMED SARFRAZ S — 2022 CLC 1064 ISLAMABAD

Case information

Citation
2022 CLC 1064 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
CLC
Parties
EDWIN COE LLP vs NASEIM AHMED SARFRAZ S
Subject matter
Civil
Provisions referred to
S. 35; S. 35-B; Litigation Act (XVII of 2017); Litigation 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

EDWIN COE LLP VS NASEIM AHMED SARFRAZ S.35 [as amended by Costs of Litigation Act (XVII of 2017)]---Actual cost of litigation---Object, purpose and scope---Award of actual cost of litigation under S.35(1)(ii) of C.P.C. is a mandatory requirement to uphold right of winning party to be indemnified--- Other than creating a statutory right of winning party to recover actual cost of litigation in legal proceedings, object of Cost of Litigation Act, 2017, was to discourage litigation, encourage settlements, prevent abuse of Court process thorough false and vexatious claims, pleas, prayers and arguments and encourage reasonable behaviour on part of parties prior to and during proceedings---To realize such public purpose, Court has to use its power under S.35(1)(ii). C.P.C. and S.35-B, C.P.C. to penalize dishonesty, falisity and vexatious behaviour.

Other judgments reported in 2022 CLC

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