363/2016 H.C.A Sharafat Ali (Appellant) V/S Abdul Majeed (Respondent)

Sindh High Court2017

Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)

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363/2016 H.C.A Sharafat Ali (Appellant) V/S Abdul Majeed (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author) Order Date: 11-MAY-17 This High Court Appeal was filed by the appellant against the order dated 06.10.2016 passed by the learned Single Judge of this Court in Suit No.527 of 2009. Scope of administration of justice is discussed in the case. It was observed that the principal object of legal formalities and procedural provision is to safeguard the interest of justice, and the procedural provisions, unless insurmountable, should not be allowed to defeat the ends of justice; the prescribed procedure, which is used always for the purpose of doing justice between the parties, should not come in the way of doing substantial justice; the most important duty of the Court of law is to do justice between the parties and in the absence of any express power, normally relief to a party should not be refused on technical grounds; and, civil courts, being courts of both law and equity, should dispose of cases on merits rather than on technical considerations Advocates: Badrul Alam(ADVO-2103-SBC-KHI),Naheed Perveen(ADVO-4768-SBC-KHI)
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