ALI AKHTER HUSSAIN SHAH vs MODEL PROJECT (PVT — 2022 YLR 310 ISLAMABAD

Case information

Citation: 2022 YLR 310 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: YLR
Parties: ALI AKHTER HUSSAIN SHAH vs MODEL PROJECT (PVT
Subject matter: Civil
Provisions referred to: S. 96; S. 2

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

ALI AKHTER HUSSAIN SHAH VS MODEL PROJECT (PVT.) LIMITED Ss. 96, 2(2) & O. VII, R. 11---Constitution of Pakistan, Art. 199---Constitutional petition---Rejection of plaint--- Appealable order---Decree---Maintainability---Alternate remedy---Statutory remedy---Scope---Petitioner assailed the dismissal of his suit---Validity---Suit was dismissed in terms of O. VII R. 11(d) of the C.P.C., which had made the impugned order appealable in terms of S. 96 of the Code of Civil Procedure as the expression "decree" envisaged in S.2(2) of C.P.C. included rejection of the plaint---Order impugned, therefore, for all intents and purposes was appealable in terms of S.96 of the Code of Civil Procedure--- One of the material requirements for availing remedy under Art. 199 of the Constitution was when no other alternative, efficacious remedy was available---Constitutional petition in the present case was filed when not only adequate and efficacious but a statutory remedy was available---Trial Court, however, had not prepared the decree sheet---No person could be allowed to suffer or his right be prejudiced on account of an act of the court---Drawing up of a decree was the duty of the Trial Court and there was no provision in the Code of Civil Procedure which prescribed a time for drawing a decree---Trial Court was directed to draw a decree in terms of the impugned order---Constitutional petition was disposed of accordingly.

Other judgments reported in 2022 YLR

2022 YLRN 144 KARACHI-HIGH-COURT-SINDHMUHAMMAD KHALIQ KHAN VS State "Obligation"---Meaning.
2022 YLR 999 LAHORE-HIGH-COURT-LAHOREAQEEL HUSSAIN VS State Witnesses---Dishonest improvements---Effect--- Improvements once found deliberate and dishonest cast serious doubt on…
2022 YLR 1193 LAHORE-HIGH-COURT-LAHOREMUHAMMAD JAVED VS State Benefit of doubt---Principle---Even a single circumstance creating doubt in a prudent mind was sufficient, benefit t…
2022 YLRN 28 LAHORE-HIGH-COURT-LAHOREAMEER HUSSAIN VS State Benefit of doubt---Principle---If there was a single circumstance which created doubt regarding the prosecution case,…
2022 YLR 2210 PESHAWAR-HIGH-COURTSOHAIL AHMAD VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss.16, 21 & 24---Penal Code (XLV of 1860), Ss. 419 & 506---…
2022 YLRN 22 KARACHI-HIGH-COURT-SINDHABDUL QADIR alias ALI VS State S. 497---Penal Code (XLV of 1860), Ss. 377 & 34---prevention of electronic Crimes Act (XL of 2016), Ss. 21, 2…

Back to the case-law library · Search Pakistani case law in Urdu or English