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Supreme Court of Pakistan Dismisses Frivolous Petition with Rs. 50,000 Costs to Deter Future Frivolous Cases

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Supreme Court of Pakistan Dismisses Frivolous Petition with Rs. 50,000 Costs to Deter Future Frivolous Cases

Islamabad 08-08-2024: In a landmark decision aimed at curbing frivolous and vexatious litigation, the Supreme Court of Pakistan dismissed a petition against respondents, imposing costs of Rs. 50,000 on the petitioner.

The case, [C.P.L.A. No. 3300 of 2024], arose from a dispute over the partition and auction of a built-up property in Korang Valley, Shahpur, Barakahu, Islamabad. The property, originally owned by the father of the parties, became the subject of litigation following a preliminary decree by the Trial Court in January 2020. The petitioner repeatedly objected to the proceedings, leading to multiple rounds of appeals and revisions.

A three-member bench, comprising Mr. Justice Syed Mansoor Ali Shah, Mr. Justice Naeem Akhtar Afghan, and Mr. Justice Shahid Bilal Hassan, heard the case. The Court found no merit in the petition and ruled that it was an abuse of the judicial process, intended to delay the lawful auction of the property and deprive the petitioner's siblings and mother of their rightful shares.

In a strongly worded judgment, the Court highlighted the burden of frivolous litigation on the judicial system, noting that over 2.2 million cases are pending across Pakistani Courts. The judges emphasized the necessity of discouraging such practices to ensure judicial efficiency and access to justice.

"The present petition is completely frivolous and vexatious and the process of the Court has been abused by the petitioner just to pressurize the other side and delay the matter on one pretext or the other" stated Mr. Justice Syed Mansoor Ali Shah. "Such litigation is required to be rooted out of the system and strongly discouraged."

To deter future frivolous cases, the Court invoked Order XXVIII, Rule 3 of the Supreme Court Rules, 1980, and imposed costs of Rs. 50,000 on the petitioner, payable to the respondents. The judgment also referenced significant cases such as “Qazi Naveed ul Islam v. District Judge, Gujrat” (PLD 2023 SC 298) and “National Highway Authority v. Sambu Construction” (2023 SCMR 1103) to underline the legal principles involved.

This decision marks a significant step towards judicial reform, aiming to reduce the backlog of cases and promote a more effective legal system in Pakistan.