Mehr ASHRAF vs STATION HOUSE OFFICER Ss — 2022 PLD 328 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: Mehr ASHRAF vs STATION HOUSE OFFICER Ss
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

Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Purpose of imposition of costs---Scope---Provision of costs is intended to achieve the following goals; (a) it should act as a deterrent to vexatious, frivolous and speculative litigations or defences---Spectre of being made liable to pay actual costs should be such as to make every litigant think twice before putting forth a vexatious, frivolous or speculative claim or defence; (b) costs should ensure that the provisions of C.P.C., the Qanun-e-Shahadat, 1984 or other laws governing procedure are scrupulously and strictly complied with and that parties do not adopt delaying tactics or mislead the court; (c) costs should provide adequate indemnity to the successful litigant for the expenditure incurred by him for the litigation, which necessitates the award of actual costs of litigation as contrasted from nominal or fixed or unrealistic costs; and (d) the provision of costs should be an incentive for each litigant to adopt alternate dispute resolution (aDR) processes and arrive at a settlement before the trial commences in most of the cases.

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