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MEEZAN BANK LIMITED vs WAPDA FIRST SUKUK COMPANY LIMITED S — 2022 CLC 974 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 974 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
MEEZAN BANK LIMITED vs WAPDA FIRST SUKUK COMPANY LIMITED S
Subject matter
Criminal
Provisions referred to
S. 88---I; S. 88

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

MEEZAN BANK LIMITED VS WAPDA FIRST SUKUK COMPANY LIMITED S.88---Inter-pleader suit---Words "for the purposes of obtaining a decision"---Consequential relief, deciding of---Scope---Nothing in S.88, C.P.C. which prevents a decision on claims against person filing suit which are related to its obligation to pay debt, money or property---No special jurisdiction is created under S.88, C.P.C. in which inter-pleader suit is to be heard, it merely sets out procedure to be followed in such cases---True origin of jurisdiction under S.88, C.P.C. is in equity, where plaintiff comes to Court claiming no interest in debt, money or property, against several claimants so as to rid itself of controversy in one suit---Interpleader relief is discretionary subject to plaintiff meeting basic conditions that it has no interest in debt, money or property nor has colluded with any claimant and is willing to make payment or transfer---Such is a power that Court has while deciding cases of such nature---No bar existed in S.88, C.P.C. with respect to consequential relief sought by claimants, nor the words "for the purposes of obtaining a decision" in S.88, C.P.C. limits jurisdiction of Court to decide connected issues.

Other judgments reported in 2022 CLC

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