Entitlement to relief

2019 PLD 23 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

AbsconderEntitlement to reliefScope

Person who was fugitive from law and did not surrender, would deprive himself of the relief claimed.

2018 PLD 703 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 42Suit for declarationMaintainabilityEntitlement to reliefScopeQuestion of "maintainability of lis" and "entitlement to relief" are two distinct things

Maintainability of lis is a legal question which is related to legal character of a person under provisions of S.42 of Specific Relief Act, 1877 which requires any person entitled to any legal character or to any right as to any property may institute suit against any person denying or interested to deny his title to such character or right and court may, in its discretion, make therein a declaration that he is so entitled

Law authorizes a person to seek enforcement of his right to any property by instituting a suit against a person denying his right or title

Entitlement to relief is question of fact to be proved through evidence

Provisions of S.42 of Specific Relief Act, 1877, give a right to institute a suit to any person who has any right as to any property

Legal character is most important aspect of a lis [case] and in absence thereof, one cannot maintain his or her lis though filed for a relief, recognized under Specific Relief Act, 1877 or under any other law except matters qualifying requirements of S.91 C.P.C.

Such aspect of case can also be decided in a summary manner at initial stages

Parties seeking entitlement to relief have to prove entitlement through evidence and such aspect cannot be decided in summary manner but after a proper trial.

2018 PLD 251 ISLAMABAD Judicial Precedent

AbsconderEntitlement to reliefScope

Person who is fugitive from law and who does not surrender to process of justice is neither entitled to any relief nor can a power of attorney executed by him in favour of a counsel can be accepted, except under exceptional circumstances.

2013 YLR 219 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 205 & 561-ADispensing with personal attendance of accusedAbsconder/fugitive from lawEntitlement to reliefScope

Magistrate accepted application of accused (applicant) under S.205, Cr.P.C, and passed an order dispensing/exempting personal appearance of accused (applicant)

Accused subse-quently absconded and his bail was cancelled

Court below set aside order of Magistrate

Accused contended that Court below had set aside order of Magistrate without giving him notice and without providing him an opportunity of hearing

Validity

Although accused was neither served with a notice nor provided an opportunity of hearing but it was not disputed that he was an absconder and his bail had been cancelled by Trial Court

Fugitive from law was not entitled to seek relief

Fugitive or absconder not surrendering before the court deprived himself of relief claimed in proceedings

Conduct of accused in the present case made it clear that he was a fugitive from law and therefore had no right to claim relief from the court

Application was dismissed accordingly.