Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Civil suit qua same subject-matter and cause of action pending between parties---Non-disclosure of such suit in constitutional petition---Withdrawal of suit after filing of constitutional petition---Effect---Constitutional petition would be entertained despite pendency of suit, where suit was stated/disclosed not to be adequate remedy in the context of controversy---Constitutional petition would fall within the realm of equitable and discretionary jurisdiction, wherein conduct of petitioner would assume significant importance---Petitioner was guilty of suppression of material facts and information from High Court---No indulgence could be shown to petitioner nor his such conduct could be condoned, rather he was liable to be burdened with cost/penalty---High Court dismissed constitutional petition with costs of Rs.10,000. ORDER SYED ZAHID HUSSAIN, J.---Report and parawise comments have been submitted wherein it has been disclosed that the same petitioner had filed a civil suit qua the same subject-matter and cause of action which was pending in the Civil Court at Faisalabad. Today the learned Additional Advocate-General, Punjab has placed on record attested copy of the proceedings of the trial Court in the suit titled "Rana Nadir All v. Secretary, R.T.A. and others". The learned counsel for the petitioner, however, wishes to seek instructions from the petitioner and also to address the Court that notwithstanding the filing/pendency of the suit, petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is still competent. I do not consider it necessary that the learned counsel needs any further instruction from the petitioner inasmuch as the perusal of the order sheet/proceedings of the trial Court in the suit mentioned above go to show that the said suit was filed on…

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