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MUHAMMAD ALAM vs Malik ZAHOOR AHMED — 2025 CLC 297 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 CLC 297 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
CLC
Parties
MUHAMMAD ALAM vs Malik ZAHOOR AHMED
Subject matter
Civil
Provisions referred to
Civil Procedure Code (V of 1908)

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

MUHAMMAD ALAM VS Malik ZAHOOR AHMED. Ss.42 & 54---Civil Procedure Code (V of 1908), Ss. 24, 35a & 115---Suit for declaration and injunction---Revisional jurisdiction of High Court---Mala fide---Delaying tactics---Exemplary cost, imposing of---Petitioner/defendant was aggrieved of rejecting of his application by Lower appellate Court for transfer of case from one Court to another---Validity---Since date of service of summons on 22-10-2012, by Trial Court, petitioner/defendant had been lingering on the civil suit of respondent/plaintiff for eleven years on one baseless pretext or the other---Suit was at trial stage and it would have to travel across appellate and revisional stages---No litigant could be allowed to make applications for adjournments, transfer of civil suit from one Court to another and frequent substitution of counsel---High Court showed serious concern that if such practice was not curbed by applying strict measures, the prevailing judicial system would not dispense justice, which was indeed it's constitutional and legal duty---High Court declined to interfere in the matter and imposed exemplary costs upon petitioner/defendant---Revision was dismissed, in circumstances.

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