SHAMIM AHMED vs Syed MOUSA RAZA MASHADI S — 2023 MLD 1 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: SHAMIM AHMED vs Syed MOUSA RAZA MASHADI S
Subject matter: Civil
Provisions referred to: S. 12; S. 151

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

SHAMIM AHMED VS Syed MOUSA RAZA MASHADI S. 12(2) & O. IX, R. 8---Bar to further suit---Procedure where only the defendant/respondent appeared---Scope---Petitioners assailed order passed by Executing Court whereby, in an application under S. 12(2), C.P.C., their evidence was discarded for non-appearance---Revisional Court dismissed the revision petition---Validity---Respondent had obtained judgment and decree by concealment and fraud---Petitioners had only got knowledge about the proceedings on receipt of notice of the execution application---Petitioners had maliciously filed an application under S. 12(2) read with S. 151, C.P.C., against the judgment and decree---Courts were to act in the aid of justice and no person was to be deprived of his legal rights on mere technicalities, rather the technicalities of law were to be avoided and discouraged in order to do complete justice---If a party had a case on merits then it would be within safe administration of justice to exercise discretion towards dispensation of justice and not to allow the opposite party to continue enjoying illegal gains in the name of technicalities---Constitutional petition was allowed and the Executing Court was directed to record evidence of the parties.

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