ABDUL QUDOOS vs COMMANDANT FRONTIER CONSTABULARY, KHYBER PAKHTUNKHWA, PESHAWAR Scope — 2023 SCMR 334 SUPREME-COURT

Case information

Citation: 2023 SCMR 334 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: ABDUL QUDOOS vs COMMANDANT FRONTIER CONSTABULARY, KHYBER PAKHTUNKHWA, PESHAWAR Scope

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

ABDUL QUDOOS VS COMMANDANT FRONTIER CONSTABULARY, KHYBER PAKHTUNKHWA, PESHAWAR Scope---Mistake/error of court---Power of court to rectify its mistake---Doctrine of ex debito justitiae, refers to the remedies to which a person is entitled as a matter of right as opposed to a remedy which is discretionary---Every court has the power to rectify ex debito justitiae its judgment in order to prevent abuse of process and severe and patent oversights and mistakes---Said doctrine applies to the remedies that the court is bound to give when they are claimed as distinct from those that it has discretion to grant---Power of a court to act ex debito justitiae is an inherent power of courts to fix the procedural errors if arising from courts own omission or oversight which resulted in violation of the principle of natural justice or due process.

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