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FAQIR MUHAMMAD vs KHURSHEED BIBI O — 2024 SCMR 107 SUPREME-COURT

Case information

Citation
2024 SCMR 107 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
FAQIR MUHAMMAD vs KHURSHEED BIBI O
Subject matter
Civil

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

FAQIR MUHAMMAD VS KHURSHEED BIBI O. XLI, Rr. 1, 3 & 9---appeal from original decree---Examination of memo of appeal and supporting documents---Jurisdiction, question of---Duty of Court and its staff---Scope---Order XLI, Rules 1, 3 & 9 of C.P.C. emphasize the onerous duty of the Court, including the Officer of the appellate Court or any staff member of the Court (clerk of court/ chief ministerial officer) who has been authorized and assigned the task to accept the presentation of the memo of appeal before admission to diligently examine the memo of appeal, and judgment and decree, including all supporting documents, to ensure that everything is in order, and, if there is any doubt in the mind of the concerned Court clerk/official with regard to jurisdiction, they should raise the objection(s) and bring it to the attention of the Court to resolve it; and if the Court concludes at the time of admission that the appeal has been filed at the wrong forum, whether due to lack of territorial or pecuniary jurisdiction, or some other ancillary or incidental reasons, the memo of appeal should be promptly returned to the appellant to elect the right remedy and forum to avoid rendering the decision of the Court coram non judice at the end of the day.

Other judgments reported in 2024 SCMR

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