Syed Hasnain Haider
It is simple to understand that, not all the cases filed are frivolous, in the same way, not all the cases decided against a party can lead to a conclusion that, such party had mala-fide intentions. But, if it is to be adjudged that, a case was a ‘frivolous case’ then, there is need to consider certain factors which determine the same. Furthermore, if it is adjudged that, a case was actually frivolous then, how to measure the quantum of damages or penalties to remedy the aggrieved party? This article tends to highlight as to what sort of cases can be defined as frivolous and how it can be measured to adjudge frivolity of a case for the purpose of compensation to the aggrieved party in terms of cost of litigation, cost of adjournments, penalty on counsel and other remedial actions, keeping in view the afflux, nature of litigation in Pakistan with reference to lengthy procedure of litigation in the country and the laws applicable thereupon. Inter-disciplinary research methodology has been deployed to examine the interplay of law and its practice in Pakistani courts. Law in Courts research method has been used to identify a frivolous case at an early stage.