Mst. Syeda NAFEESA TAHIR vs Mst — 2022 CLC 1811 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 1811 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: Mst. Syeda NAFEESA TAHIR vs Mst
Subject matter: Criminal
Provisions referred to: S. 12

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

Mst. Syeda NAFEESA TAHIR VS Mst. MEHMOODA FAROOQUI Ss.12(2), 115 & O.IX, R.2---Revision---Technicalities---Administration of justice---Applicant / plaintiff was aggrieved of order passed by Trial Court dismissing suit for failure to file amended title by joining respondent as defendant---Validity---No one should normally be knocked out on technicalities---Rights of parties needed to be adjudicated on merits---Dismissal of suit solely on account of failure in timely filing amended title was always a little harsh---High Court observed that leniency needed to be shown when default was one relating to procedural formality / requirement and not of grave in nature---For such like situation dismissal was left upon discretion of use of word "may"---Penal consequences needed to be avoided at first occasion---Appeal against main order allowing application under S.12(2), C.P.C. was pending and that if was allowed, it would bring compromise degree to life again and would again bring whole proceedings in question as of no substance---Applicant / plaintiff showed his readiness to part with appeal and to have adjudication of all questions on merits---High Court set aside order in question and remanded the matter to Trial Court for decision afresh on merits---Revision was allowed accordingly.

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