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ALLAUDDIN MALIK vs Late Dr — 2022 PLD 147 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PLD 147 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PLD
Parties
ALLAUDDIN MALIK vs Late Dr
Subject matter
Criminal
Provisions referred to
S. 115---R

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

ALLAUDDIN MALIK VS Late Dr. ABDUL JALIL S. 115---Revisional jurisdiction---Dismissal of petition in limine---Scope---Where revisional court had initially passed an order on both applications to issue notice to the other side but on the same day had passed another order "advocate to be heard", such order did not give any cause of action or trigger off any vested right to assail the order---Fact remained that maintainability of such applications was crucial, therefore, revisional court on the same day had reviewed its order before sending notice and in its proper application of mind had deemed it better to first hear advocate and after hearing reached to the conclusion that the applications were not maintainable and had finally dismissed the same---While doing so after hearing, the revisional court had fully followed the principles of natural justice and due process of law---Nobody could claim any vested right that on each and every application in routine the court was bound to issue notice to the other side, on the contrary, if the court deemed or reckoned that the application was not maintainable or having no worth or justification of issuing notice to the other side which, in fact, was moved to prolong or drag the proceedings with ulterior motives, the same could be dismissed without notice to the other side in order to save precious time of court and expeditious disposal of lis---Constitutional petition was dismissed.

Other judgments reported in 2022 PLD

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