Case Details

Citation(s)
2012 SLG 1433 2012 SLD 1433 2012 SCMR 399
Supreme Court of Pakistan
Civil Petition No. 1805 of 2011, decision dated: 13-01-2012 (On appeal from the judgment dated 4-10-2011 of the Lahore High Court, Lahore passed in W.P. No. 14695 of 2011)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., KHILJI ARIF HUSSAIN AND SARMAD, JALAL OSMANY, JJ

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Mst. GULNAZ

VS

TANVIR HUSSAIN NADEEM and others

Law:

Section:

Administration of justice-------Dispensation of justice by courts---Primary duty of Prosecution Agencies and Advocates stated. The Prosecution Agencies, Bar Associations/Advocates are integral part and important components of dispensation of justice system. Without their assistance and cooperation, it is very difficult to deliver the justice within the reasonable period of time. It has been noted that the State is one of the party in major part of litigation in court litigating against their subject without having any proper legal advice, filed appeals one after the other in routine from the money of tax payer against them. The counsel being officers of the courts are under obligation to carefully examine briefs and assist the court with their best efforts and abilities to avoid multiplicity of the proceedings. Their primary responsibility is to act fairly and assist the court in reaching just and equitable conclusion in consonance with law. Mst. Mehbooba v. Abdul Jalil 1996 SCMR 1063 and Karthiyani Amma v. Padmanabha Pillai AIR 1951 Travancore-Cochin 176 ref. Sh. Zamir Hussain, Advocate Supreme Court for Petitioner. Muhammad Farooq Qureshi Chishti, Advocate Supreme Court for Respondents. Date of hearing: 13th January, 2012. JUDGMENT KHILJI ARIF HUSSAIN, J.---This petition, for leave to appeal, is directed against the judgment dated 4-10-2011 passed by the Lahore High Court, Lahore whereby Writ Petition No.14695 of 2011 filed by the respondents was allowed, the order dated 17-6-2011 passed by the Additional District Judge, Sargodha was set aside by upholding the order of the executing Court dated 11-5-2011. 2. Brief facts to decide the petition are that the petitioner filed four suits for recovery of dowry articles, maintenance allowance, recovery of medical expenses and recovery of Rs.34,00,000 lent to respondent No.1. The family Court decreed the suits vide its judgment and decree dated 19-5-2008 for recovery of dowry articles as per list Exh.P.A, otherwise petitioner was entitled to recover Rs.82,38,500, maintenance allowance to the tune of Rs.20,000 per month since March 2006 till subsistence of marriage and also decreed the claim of medical expenses to the…
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