Citation Name : 2014 PLD 71 QUETTA-HIGH-COURT-BALOCHISTAN Side Appellant : MIR BAZ MUHAMMAD KHAN Side Opponent : NAZ BIBI Ss. 47 & 35---Specific Relief Act (I of 1877), S. 42---Suit for declaration ---Execution petition ---Cost of litigation ---Scope---Execution petition was filed wherein objection petition s were submitted which were dismissed con currently---Validity---Judgment and decree passed in favour of plaintiffs had attained finality---Execution petition moved by the plaintiffs was accepted and defendant did not challenge the said order passed by the Executing Court---No provision was available in Civil Procedure Code to file on t color=red>objection s on t> to challenge the judgment and decree which had been acted upon through execution petition ---No proceeding was pending before the Executing Court when second objection petition was submitted by the defendant--- filed for second time were dismissed by the Executing Court but such order was not assailed and same had attained finality--- filed for third time were submitted after lapse of more than five months---Executing Court had rightly declined to entertain the on filed by the defendant---Defendant had failed to point out any illegality, irregularity or jurisdictional defect in the impugned order passed by the courts below---Defendant had fraudulently mutated the property of plaintiffs in his favour---Such act of defendant compelled the plaintiffs to approach the court in the year 1991 and since then they had been dragged in litigation by the defendant which cost them a huge amount---Court had discretion to grant the actual cost of litigation to the successful party by the unsuccessful party---Plaintiffs were in litigation in the present case for a long time in different courts---Con duct of defendant compelled the plaintiffs to start second round of litigation by filing execution petition ---Plaintiffs had spent a huge amount upon the litigation including travelling and lodging expenses who were entitled for actual cost of litigation but same had not been granted by the courts below---Plaintiffs had not only suffered mental and physical agony due to litigation but had also suffered huge financial loss/expenses not only during the trial of suit but also after obtaining a decree---Defendant was wilfully avoiding implementation of decree and had not only caused the actual cost of litigation but was also responsible for the damages accrued to the plaintiffs---Court had power to determine as to by whom or out of which property and to what extent such costs were to be paid and to give necessary direction s for the said purpose---Court could pass an order as to costs even it might not have jurisdiction to entertain the suit---Defendant should pay an amount of Rs.175,000/- to the plaintiffs as actual cost of litigation and an amount of Rs.25,000/- as a compensation for frivolous and false litigation ---Revision was dismissed in circumstances.
Posted on: Sun, 02 Nov 2014 19:42:25 +0000
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