Law: Sindh Chief Court Rules (O.S.)

Section: 14

Law: Civil Procedure Code (V of 1908)

Section: 151

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. Collector of Central Excise and Sales Tax v. Pakistan Fertilizer Company Limited 2007 SCMR 351 ref. ORDER NAZAR AKBAR, J.---This case is pending since 2007. Today several applications are fixed for hearing, some are pending since 2007, 2008, 2009 and 2011 include an application (C.M.A. No.9340 of 2011) under Order VII, Rule 11, C.P.C. However, learned counsel for defendants Nos.1 to 5 was under the impression that one C.M.A. No.6322 of 2013 is also fixed for hearing/orders which is not listed for orders. Through this application (C.M.A. No.6322 of 2013) the defendants want endorsement of the Court on Annexure 'A' of the said application. The prayer in this application is as follows:-- "In view of the above applications being C.M.A. No.1 1 846/20 1 1 and C.M.A. No.11847/2011 may be disposed of in terms of the letter of the Secretary to Govt. of Sindh, Land Utilization Department…

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