Technicalities, unless offering insurmountable hurdles, should not be allowed to defeat the ends of justice.

Reference is also made to the case of Manager, Jammu and Kashmir, State Property in Pakistan v. Khuda Yar and another (PLD 1975 SC 678) wherein the learned Judge of this Court held that mere technicalities, unless offering insurmountable hurdles, should not be allowed to defeat the ends of justice. The learned Judge further quoted the following passage from an earlier illuminating judgment of this Court rendered by Kaikaus, J. in Imtiaz Ahmad v. Ghulam Ali (PLD 1963 SC 382):- 

“I must confess that having dealt with technicalities for more than forty years, out of which thirty years are at the Bar, I do not feel much impressed with them. I think the proper place of procedure in any system of administration of justice is to help and not to thwart the grant to the people of their rights. All technicalities have to be avoided unless it be essential to comply with them on ground of public policy. The English system of administration of justice on which our own is based may be to certain extent technical but we are not to take from that system its defect. Any system which by given effect to the form and not to the substance defects substantive rights is defective to that extent. The ideal must always be a system that gives to every person what is his.”

Part of Judgment
Lahore High court
Civil Revision
1250088.1744-11
2018 LHC 2340

0 comments:

Post a Comment

Powered by Blogger.

Case Law Search