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Citation Name: 2024 CLC 1293 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS vs TAJ MUHAMMAD KHAN Ss — 2024 CLC 1293 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 CLC 1293 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
CLC
Parties
Citation Name: 2024 CLC 1293 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS vs TAJ MUHAMMAD KHAN Ss
Subject matter
Civil
Provisions referred to
S. 13---S; S. 79; S. 13; Court Fees Act (VII of 1870); Court Fees Act

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

Citation Name: 2024 CLC 1293 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS VS TAJ MUHAMMAD KHAN Ss.79 & O. XXVII, R. 2---Constitution of Pakistan, Art. 174---Court Fees Act (VII of 1870), S.13---Suit for recovery of damages---Suit against Federal Government---Non-impleading of Federal Government---Court fee, return of---Question of law, determining of---Principle---Respondent / plaintiff sought recovery of value of his consignment destroyed due to negligence of government officials---Suit was concurrently decreed in favour of respondent / plaintiff by Trial Court and Lower Appellate Court---Contention of petitioner / government was that Federal Government was not impleaded as party to proceedings---Validity--- Objection under S. 79, C.P.C., was raised in its memorandum of appeal, nonetheless, Lower Appellate Court overlooked the objection---Pure question of law which can be decided without any evidence can be raised at any stage of proceedings---By ignoring mandatory statutory provisions, subordinate Court committed material illegality and irregularity which went to the root of the suit---High Court set aside judgments passed by two Courts below and remanded the matter to Trial Court for trial afresh after impleading Federal Government as party in accordance with the provisions of S. 79 read with O. XXVII, C.P.C. and Art. 174 of the Constitution---High Court directed the office to issue relevant certificate to petitioner / government for return of court fee stamps as per S. 13 of Court Fees Act, 1870---Revision was allowed accordingly.

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