Law: Qanun-e-Shahadat (10 of 1984)

Section: 163

Law: Civil Procedure Code (V of 1908)

Section: 2(2),11,12(2),96(3),115,O.XIV,XXIII,R.3, 6,7

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 163---Civil Procedure Code (V of 1908), S. 11---Offer on oath by plaintiff under Art. 163 of Qanun-e-Shahadat (10 of 1984)---Effect---Article 163 of Qanun-e-Shahadat, 1984 was silent about mode of taking such oath or consequences of such offer and its acceptance or consequential order passed on its basis---Person not party to any legal proceedings would not be bound by any order or decree of court passed therein---Decree based on agreement of such oath would neither operate as res judicata nor be binding on a person not party to suit or oath proceedings nor affect his interest. (b) Civil Procedure Code (V of 1908)--- ----Ss. 2(2) & 96(3)---Consent decree or decree based on compromise---Legal status---Such decree although bearing seal of court would have no better status in law than agreement between the parties. 2005 YLR 74; Ghulam Akbar Khan v. Haji Sher Jan and other 1989 CLC 1789 and Turab Shah v. Warad Shah PLD 1987 Peshawar 132 rel. (c) Administration of justice--- ----Person not party to any legal proceedings would not be bound by any order or decree of court passed therein. (d) Administration of justice--- ----Procedural laws or technicalities could not create hurdle in dispensation of substantial justice---Principles. The procedural laws are always meant to advance the cause of justice and not to thwart it. When procedural technicalities create hurdle in dispensation of substantial justice, then the former shall have to make way to impart justice to the aggrieved party. The rules of procedure are not made for purpose of hindrance in providing justice nor can cause of justice be made hostage to the procedural technicalities. Rather the procedural laws are enacted for the advancement of cause of justice. Mst. Arshan Bibi v. Maula Bakhsh 2003 SCMR 318; Ch. Akbar Ali v. Secretary, Ministry of Defence, Rawalpindi and another 1991 SCMR 2114 and Imtiaz Ahmed v. Ghulam Ali PLD 1963 SC 382 rel. (e) Islamic Law--- ----Inheritance, right of---Law of limitation and principle of res judicata, applicability of---Scope---Shariah for being supreme law would prevail over all procedural laws, thus, such right could not be…

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