Subsequent Go well with for Specific Performance (PLD 2002 Kar. 333): A subsequent fit for specific performance of the agreement is not really barred by res judicata less than Portion eleven with the CPC, specially when it relies on a distinct cause of action from an before dismissed match.
The CPC is made to manage the process of litigation in civil courts. Its Key aim is to not define the legal rights and liabilities of parties (which happens to be the function of substantive legislation) but to provide the system for imposing and protecting Those people rights.
Sure, the Registrar can refuse to get a petition or document if it has not been filed in accordance Together with the Supreme Court Procedures or if it is considered frivolous or consists of scandalous matter.
Monetary Limit: The maximum quantity for compensatory prices is capped at 20-five thousand rupees or the courtroom’s pecuniary jurisdiction Restrict, whichever is considerably less.
Litigants can deliver a joint accommodate if their statements arise from your very same transaction or number of transactions and if prevalent questions of regulation or actuality would arise in person suits. Moreover, with court docket authorization, events can sue on behalf of all fascinated individuals, furnished that notice is provided to all impacted parties.
A convicted person in jail can invoke the jurisdiction on the Supreme Court by sending a Jail Petition for leave to attractiveness from the anxious jail authorities.
Section 71 stipulates that in executing a decree transferred to him under Part useful site sixty eight, the Collector and his subordinates shall be considered being performing judicially. This provision confers a quasi-judicial status on the Collector, guaranteeing the execution process adheres to judicial criteria.
Part seventy five empowers the courtroom to issue commissions, issue to prescribed situations and constraints. The courtroom may possibly difficulty a commission for the next needs:
Court docket Decisions: In PLD 2003 Kar. 382, it absolutely was mentioned that decrees from British isles courts might deal with execution problems in Pakistan when they absence jurisdiction in a global sense, Irrespective of remaining executable under this portion.
Segment 34-B aims to safeguard the financial interests of banking businesses in litigation involving bank loan repayments. It makes certain that decrees for revenue because of banking corporations incorporate an suitable interest or return, reflecting the contractual agreement and prevailing important link economical prices.
Subsection (b): The court may possibly, With all the consent of the mortgagee or incumbrancer, buy the sale of assets free of charge from the mortgage or charge, giving the mortgagee or incumbrancer the identical desire inside the proceeds as that they had within the home.
Questioning Executability of Decree (PLD 2001 SC 131): The executing courtroom can concern the executability of the decree if it’s a legal nullity, passed by a court docket devoid of jurisdiction, or violates legal provisions.
2002 CLD 527: It absolutely was held which the territorial jurisdiction of a court can only be decided depending on the situation produced out by the plaintiff and never the defense put in place through the defendant.
Costs and see this here Periods: The rate of interest should be to be based on the courtroom and may be applied for the period of time prior to the match, from your accommodate for the decree, and with the decree to payment.