ASMA HALEEM vs ABDUL HASEEB CHAUDHRY S — 2024 SCMR 1714 SUPREME-COURT

Case information

Citation: 2024 SCMR 1714 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: ASMA HALEEM vs ABDUL HASEEB CHAUDHRY S
Subject matter: Civil
Provisions referred to: S. 4---S

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

ASMA HALEEM VS ABDUL HASEEB CHAUDHRY S.4---Supreme Court Rules, 1980, O. XXVIII, R.3---Specific Relief act (I of 1877), Ss. 8 & 54---Constitution of Pakistan, art. 185 (3)---Joint dwelling housing, partition of---Frivolous and vexatious cases---Imposing of costs---Petitioner/plaintiff filed suit for partition of suit house and Trial Court after passing preliminary decree appointed Court auctioneer to auction the property---Petitioner/plaintiff objected to auction report submitted by Court auctioneer, which objections were turned down by Trial Court but Lower appellate Court allowed the same---High Court in exercise of revisional jurisdiction set aside the order passed by Lower appellate Court---Validity---Petition filed by petitioner/plaintiff before Supreme Court was frivolous and vexatious and process of Court was abused by petitioner/plaintiff just to pressurize the other side and delay the matter on one pretext or the other, depriving her siblings and mother from lawful auction of such property---Supreme Court declined to interfere in judgment passed by High Court and to curb practice of instituting frivolous and vexatious cases imposed costs under Order XXVII, Rule 3 of Supreme Court Rules, 1980, which had laid down foundation for expeditious justice and to promote smart legal system, enhancing access to justice by entertaining genuine claims---Petition for leave to appeal was dismissed and leave was refused.

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