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KHURRAM MANZOOR vs SURIYA BEGUM S — 2022 PLD 68 ISLAMABAD

Case information

Citation
2022 PLD 68 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PLD
Parties
KHURRAM MANZOOR vs SURIYA BEGUM S
Subject matter
Civil
Provisions referred to
S. 35-

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

KHURRAM MANZOOR VS SURIYA BEGUM S. 35-a---Costs of Litigation act (XVII of 2017), Preamble---adjournment costs---Scope---Provisions of the Costs of Litigation act, 2017, are mandatory in nature and the Courts are under an obligation to give effect to them in order to ensure speedy adjudication of grievances---Pursuant to S. 35-a of C.P.C., introduced through the Costs of Litigation act, 2017, a Civil Court is under an obligation to impose a minimum adjournment cost of Rs.5000/- per adjournment, unless the Court is convinced that the adjournment has been sought "on account of unavoidable reasons", and such reasons are then recorded by the Court in its order to explain the lack of imposition of adjournment costs---Legislative intent behind the promulgation of the Cost of Litigation act, 2017, is to deter delaying tactics on behalf of parties who abuse the process of the Court to delay and pre-empt timely adjudication of cases---Imposition of adjournment costs also puts a party on notice that the Court will exercise its discretionary penal powers under the C.P.C. to discharge its obligation to adjudicate the case before it on merits in a timely fashion.

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