Law: Civil Procedure Code (V of 1908)

Section: 12(2),O.III,XX,XXIII,R.1,3,6

(a) Administration of justice --- ----Mentioning incorrect provisions of law in suit/application---Effect---Heading of an application or for that matter the plaint and or petition was immaterial vis- -vis the contents and the relief being sought---As long as the power to hear and decide a matter vested in a Court, mere reference to a wrong provision of law, for invocation of that power was not a bar to the exercise of that power---All rules of procedure framed for regulating the proceedings before a Court or Tribunal were meant for advancing the course of justice, therefore, procedural laws and rules could not be used as a means for denying the relief to an aggrieved party on ground of technical non-observance of these rules or procedural laws---Courts had always liberally allowed conversion of proceedings of one kind into another and mis-description in the title of proceedings or mentioning of a wrong provision of law had never been considered fatal to the grant of relief if it was otherwise available under the law to an aggrieved party---Mentioning of a wrong provision of law in an application would not deprive the Court of the power and jurisdiction if otherwise the same was available under the law. Pakistan Fisheries Ltd.v. United Bank Ltd. PLD 1993 SC 109; Jane Margerete William v. Abdul Hamid Mian 1994 SCMR 1555 and Mst. Safia Bibi v. Mst. Aisha Bibi 1994 SCMR 494 ref. (b) Administration of justice--- ----Act of court shall not prejudice anyone. (c) Civil Procedure Code (V of 1908)--- ----O. XXIII, R.3 & S.12(2)---Compromise---Fraud and mis-representation---Non-availability of compromise agreement on record---Applicant/plaintiff-company booked a consignment of steel coils from a foreign country, which was shipped on a vessel owned by the first defendant-company---Cargo was supposed to be transported from Egypt to Ethiopia, however during transit the same was allegedly stolen and by preparation of forged and fabricated documents, it had been brought to Karachi, Pakistan in the name of second defendant-company, who was under the process of clearance of the same from Customs when suit was filed by the plaintiff-company and certain restraining orders were…

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