Courts must impose costs when required: SC

Directs for stemming frivolous litigation and stopping abuse of process of court

ISLAMABAD:

The top court has ruled that courts must impose costs whenever required, stem frivolous litigation and stop the “abuse of the process of court” in perpetuating wrongdoing.

"Courts must be vigilant that the process of the court is not abused, and ensure that legitimate owners are not deprived of their properties. From the date of filing of the suit till date 14 years have elapsed, and petitioners who were not entitled to the said land continue in possession of it, probably thinking there would no consequences for their actions. This impression must be corrected, " a three-page judgement authored by Chief Justice of Pakistan (CJP) Qazi Faez Isa said while hearing a civil matter related to a land dispute.

The suit was filed on September 16, 2009 and dismissed on 30 April 2016 – after a period of about seven years.

The three-judge bench led by CJP Isa examined the order sheet and noted that despite repeated opportunities the petitioners-plaintiffs did not come forward to give evidence.

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Despite having lost thrice, the petitioners deemed it fit to file a frivolous petition for leave to appeal against the judgment of the high court, the order said.

The bench enquired from the counsel whether the petitioners were in possession of the land to which he replied in affirmative.

"The apparent reason for dragging out the litigation was that the petitioners-plaintiffs were in illegal possession of land and their possession continues till date.

By such tactics the respondents-defendants were deprived of their properties; their fundamental right, enshrined in Article 23 of the Constitution, to hold and dispose of property, violated, and the process of the court abused to procrastinate matters indefinitely by the petitioners who were in possession and had no intention to relinquish possession of the respondents’ land."

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The order noted that no illegality had been pointed out in the decision. Therefore, leave to appeal is declined and consequently this petition is dismissed with cost of one million rupees, which amount shall constitute a charge on the property of the petitioners till such time the said amount is paid, the order said.

"The petitioners are directed to handover the peaceful possession of the said land to the respondents. Copy of this order be sent to the concerned revenue authorities who shall rectify the revenue record, if it requires rectification, and if the petitioners have not handed over the peaceful possession to the owners of the land they must ensure that it is done immediately. Copy of this order be also sent to the respondents for information," it added.