2021 CLC 270
Family Courts Act (XXXV of 1964), S.13. [Sindh] ----Ss. 5 & 17---Civil Procedure Code (V of 1908), S. 12(2)--- Judgment and decree, setting aside of---Jurisdiction. of Family Court---Wrong provision of law---Parties were husband and wife inter se and suit for dissolution of marriage filed by wife/respondent was dismissed as withdrawn by Family Court---On application under S.12(2), C.P.C. filed by. wife/respondent Family Court and Lower Appellate Court set aside the order on the plea of fraud and misrepresentation and marriage was dissolved---Plea raised by husband/petitioner was that Family Court did not have jurisdiction to set aside order under S.12(2), C.P.C.---Validity---If power of Court was there and Court had got jurisdiction tó undo a fraudulent order obtained, then all such irrational technicalities and formalities should not deprive a real and genuine litigant--Contents of application and prayer of litigant were to determine fate of a suit, an appeal or a petition---Substantial justice must be done, granted and showered upon genuine litigant, leaving aside ali formal and minor technicalities hindering path of justice---No jurisdiction error, legal infirmity and illegality existed in order passed by Courts below, rather vested jurisdiction was judiciously and aptly exercised.
0 comments:
Post a Comment