Citation Name: 2024 PLD 75 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAKAULLAH vs GHAZI KHAN S — 2024 PLD 75 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PLD 75 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PLD
Parties: Citation Name: 2024 PLD 75 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAKAULLAH vs GHAZI KHAN 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

Citation Name: 2024 PLD 75 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAKAULLAH VS GHAZI KHAN S. 35-a---Qanun-e-Shahadat (10 of 1984), art.57---Recovery of money---Special costs, awarding of---Judgment, relevancy of---Petitioner/plaintiff sought recovery of money from respondents/ defendants on the ground that the money was given in consideration of marriage of his three sons with three sisters of respondents/ defendants---Petitioner/plaintiff relied upon ex-parte judgments passed by Family Court---Judgment and decree passed by Trial Court was set aside by Lower appellate Court---Validity---Ex-parte judgments of Family Court reflected that not a single penny was paid to sisters of respondents/defendants by plaintiff/petitioner on account of dower, maintenance or dowry articles---Existence of judgments of Family Court were relevant under art. 57 of Qanun-e-Shahadat, 1984, to prove non-existence of fact in issue and relevant fact---Findings of Trial Court on relevant issue were result of non-reading of evidence and misinterpretation of law, which had rightly been set aside by Lower appellate Court---High Court declined to interfere in judgment and decree passed by Lower appellate Court and imposed special cost against petitioner/plaintiff who unnecessarily and with malafide intention dragged respondents/defendants into protracted litigation without reasons---Petitioner/plaintiff was guilty of bad faith by instituting, false vexatious and baseless claim against respondents/ defendants, therefore was liable to be penalized by imposing compensatory costs of Rs. 200,000/- (Rupees two hundred thousand) as compensation to respondents/defendants, as envisaged by S. 35-a, C.P.C.---Revision was dismissed, in circumstances.

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