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
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