THREE STARS HOSIERY MILLS LIMITED vs FEDERATION OF PAKISTAN actus curiae neminem gravabit (act of the Court shall prejudice no man) — 2022 PLD 188 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 188 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: THREE STARS HOSIERY MILLS LIMITED vs FEDERATION OF PAKISTAN actus curiae neminem gravabit (act of the Court shall prejudice no man)

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

THREE STARS HOSIERY MILLS LIMITED VS FEDERATION OF PAKISTAN actus curiae neminem gravabit (act of the Court shall prejudice no man)---Connotation---Factor attracting applicability of restitution is not the act of being wrongful or a mistake or error committed by Court---Test is whether an act of party persuading Court to pass an order held at the end as not sustainable, has resulted in one party gaining an advantage it would not have otherwise earned, or the other party suffering an impoverishment which it would not have suffered but for the order of the Court and the act of such party---Nothing is wrong in parties demanding to be placed in the same position in which they would have been, had the Court not intervened by its interim order, when at the end of the proceedings, Court pronounces its judicial verdict which does not match with and countenance its own interim order---Injury, if any, caused by act of Court then the same has to be undone and gain which the party would have earned unless it was interdicted by the order of Court would be restored to or conferred on the party by suitably commanding the party liable to do so, otherwise party would continue to get benefit of interim order even after losing the case in Court.

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