Dismissal of suit on technicalities

2022 CLC 574 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

S.17Civil Procedure Code (V of 1908), PreambleQanun-e-Shahadat (10 of 1984 ), PreambleFamily Court Act, 1964ObjectProvisions of Civil Procedure Code, 1908 and Qanun-e-Shahadat, 1984ApplicabilityDismissal of suit on technicalitiesEffect

Family Court dismissed the suit of lady/respondent on the ground that she did not fulfil the requirements of the Qanun-e-Shahadat, 1984, while producing her documentary as well as oral evidence

Appellate Court remanded the matter to the Family Court

Held, that purpose of enacting the special law regarding family disputes was to advance justice and to avoid technicalities which were hindrance in providing ultimate justice to the parties

Family Courts Act, 1964, was promulgated for the expeditious settlement and disposal of disputes relating to the marriages and other family affairs and special procedure was provided to achieve the object

Purpose of enacting the Family Courts Act, 1964, was to frustrate the technicalities for the purpose of justice between the parties in the shortest possible time

Provisions of the Civil Procedure Code, 1908, as well as Qanun-e-Shahadat, 1984, were not applicable in stricto sensu to the proceedings before the Family Court

By virtue of S.17 of the Family Courts Act, 1964, the applicability of Civil Procedure Code, 1908 and Qanun-e-Shahadat, 1984, had been excluded

Appellate Court had rightly remanded the matter to the Family Court

No illegality or infirmity had been noticed in the impugned order passed by the Appellate Court

Constitutional petition was dismissed, in circumstances.

2013 CLC 122 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Dismissal of suit on technicalitiesScope

When a party otherwise had a good case, same could not be thrown out on basis of technicalities and the Court should decide the lis between the parties after recording of evidence.