Remedy before wrong forum
Remedy before wrong forum legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Remedy available to plaintiff was either to apply for transfer of case, if it was within the jurisdiction of same district before District Court or where proceedings were pending in one district and were intended to be transferred to another district, then jurisdiction to transfer vested in High Court to entertain such application for transfer
Such course was not adopted and on the contrary, plaintiff adopted the course which • entailed its own consequence and none else but counsel for plaintiff was responsible
Another course open to plaintiff was to have invoked provision of S. 14 of Limitation- Act, 1908, to have sought condonation of delay in pursuing remedy before wrong forum, which also counsel for plaintiff did not resort to
Plaintiff even could have challenged order passed by Trial Court in exercise of power under. O. VII, R. 10 C.P. C. before revisional Court and instead he chose to approach High Court that too much after limitation
High Court declined to interfere in order passed by Trial Court
Petition was dismissed in circumstances.
"Remedy before wrong forum", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124939648
Precedents & Case Laws citing "Remedy before wrong forum"
2004 S C M R 145
NAZAKAT ALI — Petitioner Versus WAPDA through Manager and others — Respondents
Court: Supreme Court of Pakistan2004 P L C (C
NAZAKAT ALI Versus WAPDA through Manager and others
Court: Supreme Court of Pakistan2024 C L C 357
AYAZ MEHMOOD — Appellant Versus MUSADAQ RIAZ and 2 others — Respondents
Court: Lahore (Rawalpindi Bench)P L C (C
MUHAMMAD ASLAM Versus WAPDA through Chairman, WAPDA and 2 others
Court: Federal Service TribunalP L D 2013 Sindh 80
PAKISTAN TELECOMMUNICATION LTD. through General Manager — Petitioner Versus Mst. FAIZAN BIBI and 9 others — Respondents
Court: High CourtP L D 2006 Lahore 26
MUJAHID SHAH and another — Appellants Versus SUHAIL IKRAM and 3 others — Respondents
Court: High CourtP L D 1983 Supreme Court 385
Mirza MUHAMMAD SAEED-Petitioner Versus SHAHAB-UD-DIN AND 8 oTH$its-Respondents
Court: Ss. 5 & 14-Civil Procedure Code (V of 1908), S. 151-Condonation of delay-Courts can show indulgence and condone delay where time has been lost by prosecuting remedy before wrong forum on account of bona fide mistake or error of counsel which reasonable and prudent man despite exercising due diligence and caution might have committed - Mistake in approaching wrong forum due to gross negligence and carelessness of counsel where not appearing that counsel has shown due diligence and caution before moving wrong forum-Held, only remedy for client of such counsel to sue him for damages for loss suffered on account of his negligence-Exercise of such remedy more frequently and counsel made to pay for their carelessness and negligence may ameliorate situation.-Counsel and client.2003 P L C (C
ABDUL REHMAN QAMAR Versus GOVERNMENT OF N.W.F.P. through Secretary Education, Peshawar and 5 others
Court: Supreme Court of Pakistan2015 Y L R 2638
MUHAMMAD AYUB — Petitioner Versus ADDITIONAL DISTRICT JUDGE and others — Respondents
Court: Lahore1985 P L C (C
AMIR SULAIMAN Versus MANAGER; MILITARY FARM, BANNU AND 2 OTHERS
Court: Federal Service Tribunal