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KHADIM HUSSAIN vs Mir MAQSOOD ALI S — 2026 CLC 321 PESHAWAR-HIGH-COURT

Case information

Citation
2026 CLC 321 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2026
Reporter
CLC
Parties
KHADIM HUSSAIN vs Mir MAQSOOD ALI S
Subject matter
Criminal
Provisions referred to
S. 12

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

KHADIM HUSSAIN VS Mir MAQSOOD ALI S.12(2)---application under S.12(2) C.P.C.---Object, scope and purpose---Expression "any person", meaning of---Locus standi---The intention of the legislature to legislate subsection 2 of S.12 of C.P.C. was to curtail litigation and not to enhance the same---The expression "any person" in S.12(2) of C.P.C. does not imply an unqualified right of audience to any outsider; it must be understood to mean a person who is genuinely aggrieved, i.e., one whose rights were directly affected by the impugned judgments at the time it was passed---This necessarily presupposes that such person had a subsisting legal interest in the subject matter of the lis when the judgment was rendered---absent such an interest, no grievance can be legitimately raised, for the principle "ubi jus ibi remedium" (where there is a right, there is a remedy)only operates where a corresponding legal right is first established.

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