443/2007 Suit HUMAIR ASSOCIATES BUILDERS PVT. LTD (Plaintiff) V/S M/S. CHAPPAL BUILDERS & ORS. (Defendant)

443/2007 Suit HUMAIR ASSOCIATES BUILDERS PVT. LTD (Plaintiff) V/S M/S. CHAPPAL BUILDERS & ORS. (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 06-NOV-13

Sindh Chief Court Rules (O.S.)--- ----R.14---Civil Procedure Code (V of 1908), S. 151---Inherent powers of High Court---Miscellaneous applications---Maintainability---High Court directed the office to be cautious while receiving applications under 5.151, C.P.C., in pending cases; it was also imperative for court to be vigilant and very careful in exercising inherent jurisdiction under S.151., lest it should not be "advancing" instead of "preventing" abuse of process of court---Office while referring miscellaneous applications to Judges in terms of second proviso to R.14 of Sindh Chief Court Rules (O.S.) was directed to ensure scrutiny of each and every application under S.151, C.P.C. filed in any civil suit before placing the same in court for order/hearing---High Court directed the office to examine/scrutinize such applications bearing in mind amongst. other at the queries to the effect that as to whether applicant who had involved provision of S.151, C. P. C. was already a party in proceedings or not; that whether prayer in application was relevant to issues between parties and was directed against adverse party in the lis or not and that whether inherent powers sought to be invoked were with respect to the procedural matters or it would affected substantive rights of either party.