Rules of procedure meant to promote justice- could not be used as engine of oppression against a party to suit.
PLD 1995 SC 406.
Technicalities should not stand in the way of administration of justice.
PLD 1995 Lah. 329.
Technicalities – Supreme Court disallowed the practice of non-suiting a party on technicalities.
1995 SCMR 1748.
Omission/defect of Statute – Duty of Court – Corrective action to be left to legislature
Court is not to plug the gaps.
MCB V. Mohammad Nasim
2001 SCMR 1191
Erroneous admission does not bind partly making such admission.
PLD 1963 (W.P) Lah. 606
No estoppel against statute.
PLD 1977 Lah 71
Arbitration – Family matters.
Riazwana Bibi Vs. State and another
PLJ 2012 SC 18
Procedural technicalities should not be allowed to prevail over dispensation of substantial justice.
Mst. Bakht Rana V/S Muhammad Zubair Khan
2012 CLC 360 (Peshawar)
Appeal
If finding of Trial Court on an issue is not challenged before lower appellate court, the same cannot be challenged before high court subsequently.
Punjab Agri Development Co. Vs. U.B.L
2012 CLC 250 Lah.