Dismissal of Suit under Order 17 Rule 3 of CPC is Revisionable

When plaintiff fails to produce evidence in the court after given proper
opportunity to be heard the suit of plaintiff is dismissed under order
17 rule 3 of Code of Civil Procedure 1908. This dismissal can be done by
a court in the presence or absence of the plaintiff.

When a suit is dismissed on the non production of evidence, it cannot be
restored by the court dismissing it. There is no appeal against the
dismissal of same order by the court. The only remedy against such
dismissal order is revision which is filed in the appellate court.



Revision is filed under section 115 of the Code of Civil Procedure. In
revision to such dismissal the appellate court has powers to either
dismiss the revision or accept the same. When revision petition is
accepted the suit is restored and plaintiff is given opportunity to
provide evidence in the court accordingly.



If you have any query related to any suit you can contact internationallawyerinfo@gmail.com



Regards,

Salman Yousaf Khan (Golra)

International Lawyer

+92-333-5339880

Returning of Dowry Articles in case of Divorce

In cases of divorce people are usually concerned what to return to the
girl and what not. According to Islamic Law and Pakistani Law two things
belong to the wife in case of divorce. One is the haq mehr which is
according to Nikahnama. The other thing are the gifts which are given to
the girl. 

Gift in Islamic Law are never taken back by the person gifting them.
According to Islam a person who takes the gift back is like a dog that
vomits and eats the vomit afterwards. So it is not reasonable for a
muslim to take the gifted items back from the girl when she is
divorced. 

Divorce is something not liked by Allah. Divorce is Halal but the most
unlikely thing in the Halal things. It is best that the husband and wife
compromise to live together once they are married unless they have no
other option then to leave each other.

If you have any query related with Divorce in Islamic Law or any other
issue related with Family laws you can contact
internationallawyerinfo@gmail.com

Regards,

Salman Yousaf Khan (Golra)

Family Lawyer

+92-333-5339880

Gifts belong to the wife in case of divorce

According to Islam a wife is entitled to receive her haq mehr in case if
she is divorced by her husband. Haq mehr is not the only thing which
the wife takes home in case of divorce. She is entitled for other things
such as her dowry articles and gifts which she receive during the
tenure of relationship.



Often it happens that when the husband divorces his wife, she leaves the
house of husband immediately in single clothes. Her suitcases, jewelry,
dowry articles and other belongings remain in the house of husband
unless the parties come to an understanding later on.



The wife is entitled to receive everything belonging to her lying in the
house of her husband. The things gifted to her during the time of
relationship belong to her. Gift in islamic law can never be taken back
by the person gifting. So it is best to return gifts and all other
belongings to the girl once she is divorced.



In order to remove further disputes it is best to handover everything
through proper legal channel. For more consult
internationallawyerinfo@gmail.com



Regards,

Salman Yousaf Khan

Family Lawyer

+92-333-5339880

There is no appeal to a consent decree

There is no appeal to a consent decree. It is perhaps the most common kind of decree which has no appeal. As a general rule all the decrees are appealable while all the orders are revisionable unless specifically mentioned in the law.



A consent decree is the one in which parties to the suit comes to a settlement. They either present a settlement deed or they give statement in the court of law. On the bases of provisions of settlement between the parties, the court decrees the suit.



In a consent decree the judge cannot complete the trial. When parties agree to end the suit through settlement at any stage, the court is bound to decree the same. Parties giving consent to the provisions of settlement cannot disagree at later stages.



Since everything decided between the parties is settled according to their own free consent, they cannot appeal the decision of court afterwards.



Regards,

Salman Yousaf Khan (Golra)

Civil Lawyer

+92-333-5339880