Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 11,O.XXIII,R.1(3)

Constitution of Pakistan--- ----Art. 199---Civil Procedure Code (V of 1908), S.11 & O.XXIII, R.1(3)---Constitutional petition---Dismissal of constitutional petition as withdrawn---Fresh constitutional petition---Maintainability---Earlier constitutional petition on the same subject was dismissed as withdrawn---No permission had ever been sought by the petitioner to file a fresh petition nor High Court had accorded the same---Earlier petition was not withdrawn on account of any technical or formal defect---Point or plea which was available to the petitioner; and was not taken by him in the earlier constitutional petition would be deemed to have been taken up and refused or abandoned---Dismissal of earlier petition could not be assumed to have generated a fresh ground in favour of the petitioner to file fresh petition---Provisions of Civil Procedure Code, 1908, would exclusively regulate and control constitutional proceedings---Subsequent constitutional petition on the same subject matter, and the relief sought for, was not maintainable in view of S.11 of Civil Procedure Code, 1908---Second petition being not maintainable, was dismissed, in circumstances. Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others PLD 1970 SC 1; Pir Bakhsh v. The Chairman, Allotment Committee and others PLD 1987 SC 145 and Hashim Khan v. National Bank of Pakistan PLD 2001 SC 325 ref. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:---.---- The petitioner. Khawaja Muhammad Hussain Khateeb once instituted W.P. No. 28613 of 2014 under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the prayer that learned trial court's (Magistrate 1st Class, Sialkot) order dated 26.10.2010 might be set aside besides the respondent I.O. might be proceeded against in the light of order dated 16.7.2011 passed by a learned Additional Sessions Judge at Sialkot and proceedings of the cross-version/case might be stayed till disposal of the said writ petition, and withdrew it on 28.10.2014 by adopting the plea, as to pendency of W.P. No. 17231 of 2011 then without seeking the permission to institute it afresh. 2. The relevant facts of the case in brief, are that…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492