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MUHAMMAD KHALID MUNIR vs NAZAR SADIQ arts — 2022 MLD 831 ISLAMABAD

Case information

Citation
2022 MLD 831 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
MLD
Parties
MUHAMMAD KHALID MUNIR vs NAZAR SADIQ arts
Subject matter
Civil

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 KHALID MUNIR VS NAZAR SADIQ arts. 4 &10-a---Right to fair trial---Discretion of Courts, exercise of---Principle---Such right under art.10-a of the Constitution does not mean unqualified entitlement to have claims adjudicated at the whims of one party to the dispute---Claims have to be adjudicated according to law with a focus on rights of both claimant and defendant---Court is vested with no unguided discretion to ignore statutory intent and while administering and regulating a trial its failure to exercise authority to adjudicate a claim in the manner and within time frames conceived by C.P.C. would prejudice interest of party contesting the claim---Right of such contesting party to fair trial under art. 10-a of the Constitution and to be treated in accordance with law under art. 4 of the Constitution must also borne in mind by Court--- Exercise of discretion by a Court arbitrarily in manner that excuses delinquent party thereby enabling it to delay adjudicatory process puts at stake public faith in justice system to dispense justice in timely manner, clutters Court dockets, consumes public resource by adding to cost of litigation and puts into question the ability of justice system to act as neutral arbiter of law.

Other judgments reported in 2022 MLD

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