DANISH ELAHI vs MARIAM KAMRAN Ss — 2022 PLD 362 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 362 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: DANISH ELAHI vs MARIAM KAMRAN Ss

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

DANISH ELAHI VS MARIAM KAMRAN Ss. 140, 141 & 145---Subrogation, right of---Object, purpose and scope---Right of a volunteer---Law permits a person to be substituted in place of another so as to have all rights and obligations pertaining to lawful claim, demand, or right against third party under right of subrogation---One can satisfy his loss that is created by wrongful act or omission of another person by stepping into the shoes of another and recovering on the claim from wrongdoer---Subrogation is not free from judicial control---In statutory or legal subrogation it is an established position that right of subrogation is not applicable to "volunteer" who pays debt of another at the back of the debtor---When a person pays debt of another he is called a "volunteer" and when a person pays debts of another by mistake, he is in the same position as that of a volunteer---Person claiming to be equitably subrogated to the rights of a secured creditor must satisfy the prerequisites or conditions: (i) Payment must be made by subrogee to protect his own interest; (ii) Subrogee must not have acted as a volunteer; (iii) Debt paid must be one for which subrogee was not primarily liable; (iv) Entire debt must have been paid; and (v) Subrogation must not work any injustice to rights of others.

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