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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MANZOOR HUSSAIN and others VS Respondent: Mst. FAZIL ELAHI
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Farooq, Abdul Hameed Dogar Title: MANZOOR HUSSAIN and others vs Mst. FAZIL ELAHI Case No.: Civil Petition No,2953-L of 2001 Date of Judgment:2002-03-12 Reported As: 2003 SCMR 743 Result: Notice issued
Judgment ORDER Learned counsel for the petitioners restricted his contentions to the grant of special costs by the learned Appellate Court which has been upheld by the High Court. It was contended that special costs under section 35-A, C.P.C. Were expressly refused by the learned trial Court, therefore, the learned Appellate Court had no power to grant the same in view of the proviso to Order 41, rule 33, C.P.C. 2. Notice to the respondent for a date to be fixed within a month. Till then operation of the impugned judgment to the extent of special costs shall remain suspended. Notice issued.