ISLAMABAD: The Supreme Court has voiced its concern over frivolous, vexatious and speculative litigation especially at a time when the subordinate to superior judiciary is overburdened with 2.2 million cases across the country.

“It is significant to highlight that according to the statistics provided by the Law and Justice Commission of Pakistan (LJCP), 2,255,295 cases are pending before all courts in the country,” Justice Syed Mansoor Ali Shah noted on Friday.

He regretted that frivolous, vexatious and speculative litigation unduly burdens the courts, giving an artificial rise to pendency of cases, which in turn clogs the justice system and delays the resolution of genuine disputes.

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“Such litigation is required to be rooted out of the system and strongly discouraged and one of the ways to curb such practice of instituting frivolous and vexatious cases is by imposing of costs under Order XXVIII, Rule 3 of the Supreme Court Rules, 1980, which lay the foundation for expeditious justice and promote a smart legal system, enhancing access to justice by entertaining genuine claims,” he asserted.

This is not the first time Justice Shah had pointed out towards the pendency of the cases, as earlier on Jan 26, 2023, he had voiced his concern over that clogged justice system due to vexatious litigation that also delays the resolution of genuine disputes.

2.2m cases are pending before courts, notes Justice Mansoor

In a judgement, Justice Shah had held that the imposition of costs in frivolous and vexatious cases meets the requirement of fair trial under Article 10A (fair trial), as it not only discourages frivolous claims brought to the court but also the absence of such cases allows more court time for the adjudication of genuine claims.

Alternative dispute resolution

It also incentivises the litigants to adopt alternative dispute resolution (ADR) processes and arrive at a settlement rather than rushing to courts, the judge said, adding that the costs lay the

foundation for expeditious justice and promote a smart legal system that enhances access to justice by entertaining genuine claims.

In a nutshell, Justice Shah held that cost encourages ADR; settlements between the parties; and reduces unnecessary burden off the courts, so that they can attend to genuine claims.

In the fresh order, Justice Shah imposed costs of Rs50,000 and in case of its failure, the same should be recoverable as a money decree.

The controversy erupted when a three-judge bench headed by Justice Shah had taken up an appeal by Asma Haleem against the July 30 Islamabad High Court judgement.

The petitioner had filed a suit for partition, permanent possession, permanent and mandatory injunction regarding a two-storey house constructed on a piece of land measuring one kanal numbered as Plot No. 7-M, Raja Akhtar Road, Korang Valley, Shahpur, Barakahu, Islamabad.

The suit property was owned by the father of the parties and after necessary proceedings, the trial court issued a preliminary decree on Jan 13, 2020, and appointed a local commission. Subsequently, reserve price of the suit property was fixed by the trial court that was objected by the petitioner on March 16, 2020. Thereafter, a court auctioneer appointed by the trial court conducted the auction and submitted his final report to the court on March 18, 2023, which was also objected by the petitioner.

The said objections were turned down by the trial court against which the petitioner preferred an appeal which was allowed on July 8, 2023. A revision petition was filed by the respondent before the IHC, which was allowed on July 2, 2024.

Justice Shah observed that the present petition was completely frivolous and vexatious and the process of the court was abused just to pressurise the other side and delay the matter on one pretext or the other, thereby depriving her siblings and mother from the lawful auction of the said suit property.

Published in Dawn, August 3rd, 2024