2003 PLP 743 (SCMR)
MANZOOR HUSSAIN and others‑ ‑‑Petitioners Versus Mst. FAZIL ELAHI‑‑‑Respondent
| Citation | 2003 PLP 743 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Muhammad Farooq and Abdul Hameed Dogar, JJ |
| Parties | MANZOOR HUSSAIN and others‑ ‑‑Petitioners Versus Mst. FAZIL ELAHI‑‑‑Respondent |
| Primary Law | Civil Procedure Code (V of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 2003 PLP 743 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 743 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Qazi Muhammad Farooq and Abdul Hameed Dogar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 743 (SCMR) (MANZOOR HUSSAIN and others‑ ‑‑Petitioners Versus Mst. FAZIL ELAHI‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ejaz Baig Mirza, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 13th March, 2002.
Headnotes / Summary
‑‑‑‑S.35‑A & O.XLI, R.33, proviso‑‑‑Special costs, grant of‑‑‑Appellate Court, jurisdiction of‑‑‑Plea raised by the appellant was that the special costs under S.35‑A, C.P.C. were refused by Trial Court, therefore, the Appellate Court had no power to grant the same in view of the proviso to O.XLI, R.33, C.P.C.‑‑‑Supreme Court issued notice to the respondent for a date to be fixed within a month with observation that till then operation of the impugned judgment to the extent of special costs shall remain suspended.
Judgment & Decree
‑‑‑‑S.35‑A & O.XLI, R.33, proviso‑‑‑Special costs, grant of‑‑‑Appellate Court, jurisdiction of‑‑‑Plea raised by the appellant was that the special costs under S.35‑A, C.P.C. were refused by Trial Court, therefore, the Appellate Court had no power to grant the same in view of the proviso to O.XLI, R.33, C.P.C.‑‑‑Supreme Court issued notice to the respondent for a date to be fixed within a month with observation that till then operation of the impugned judgment to the extent of special costs shall remain suspended. Ejaz Baig Mirza, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners. Nemo for Respondent. Date of hearing: 13th March, 2002. Learned counsel for the petitioners restricted his contentions to the grant of special costs by the learned Appellate Court which has been upheld by the High Court. It was contended that special costs under section 35‑A, C.P.C. were expressly refused by the learned trial Court, therefore, the learned Appellate Court had no power to grant the same in view of the proviso to Order 41, rule 33, C.P.C.
2. Notice to the respondent for a date to be fixed within a month. Till then operation of the impugned judgment to the extent of special costs shall remain suspended. Q.M.H./M‑502/S Notice issued.