PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

ABDUL RAUF vs DIRECTOR ESTATE, QUETTA DEVELOPMENT AUTHORITY QUETTA S — 2022 CLC 139 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 CLC 139 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
CLC
Parties
ABDUL RAUF vs DIRECTOR ESTATE, QUETTA DEVELOPMENT AUTHORITY QUETTA S
Subject matter
Civil
Provisions referred to
S. 295---C; Civil Procedure Code (V of 1908)

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

ABDUL RAUF VS DIRECTOR ESTATE, QUETTA DEVELOPMENT AUTHORITY QUETTA S.295---Civil Procedure Code (V of 1908), O.IX, R. 9---application for grant of letter of administration---Dismissed by Trial Court for non-prosecution---Fresh application dismissed under O.IX R.9, C.P.C.---Revision petition dismissed by District Court---Held, that case was dismissed in default and for non-prosecution on initial stage and not contested by any interested person---Such proceedings did not attaint the status of civil suit nor a decree was passed by Trial Court upon its dismissal---Relief claimed was a continuous right---Fresh application would not come within the purview of O.IX, R.9, C.P.C.---Fresh application could be filed despite dismissal of the earlier one---Valuable right of petitioner was involved which required proper adjudication and could not be denied simply on technicalities---Constitutional petition was allowed, Trial Court was directed to decide fresh application strictly in accordance with law and on its own merits. Head NotesCase Description

Other judgments reported in 2022 CLC

Back to the case-law library · Search Pakistani case law in Urdu or English