| Citation(s) |
|---|
| 2015 SLG 2243 2015 SLD 2243 2015 MLD 1220 |
Balochistan High Court
DATE of hearing: 25th February, 2015., C.M.A. No. 2341 of 2014 in C.P. No. 379 of 2011 and C.M.A. No. 2342 of 2014 in C.P. No. 402 of 2011, decided on 2nd March, 2015.
MUHAMMAD NOOR MESKANZAI, C.J. AND MUHAMMAD HASHIM KHAN KAKAR, J
Amanullah Kanrani for Applicants.
DATE of hearing: 25th February, 2015., C.M.A. No. 2341 of 2014 in C.P. No. 379 of 2011 and C.M.A. No. 2342 of 2014 in C.P. No. 402 of 2011, decided on 2nd March, 2015.
MUHAMMAD NOOR MESKANZAI, C.J. AND MUHAMMAD HASHIM KHAN KAKAR, J
Amanullah Kanrani for Applicants.
HAROON AHMED and others--Applicants
VS
SECRETARY COMMUNICATION AND WORKS DEPARTMENT and another
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----Ss. 151 & 12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Dismissal in default and for non-prosecution---Application for restoration of constitutional petition---Sufficient cause---Due diligence---Inherent powers---Scope---No question of fraud, misrepresentation or want of jurisdiction was involved in the present application---Courts should not be loath/reluctant to exercise inherent powers, provided the party concerned had approached the court with due diligence and sufficient cause had been shown for its non-appearance on the date of hearing---Sufficient cause was sine qua non for exercise of inherent powers---Lis should be prosecuted without fault and default---Prayer to recall order should be backed by cause considered to be sufficient---Restoration of constitutional petition would not serve fruitful purpose---Proceedings should attain finality---Negligence with regard to non-appearance was on record---Applicant had failed to show due diligence and sufficient cause---Application for restoration of constitutional petition was dismissed summarily. AIR 1977 SC 429 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 12---Constitution of Pakistan, Art. 199---Constitutional jurisdiction---Bar to further proceedings---Applicability---Provision of S. 12, C.P.C. was applicable to the proceedings in the constitutional petition. (c) Civil Procedure Code (V of 1908)--- ----Ss. 11 & 12, O. II, R. 2, O. IX, R. 9, O. XXII, R. 9 & O. XXIII, R. 1---Bar to further suit---Scope---Provision of Ss. 11 and 12, C.P.C. would prohibit the institution and trial of suits in cases covered by O. II, R. 2, O. IX, Rule 9, O. XXII, R. 9 and O. XXIII, R. 1, C.P.C. as courts possessed powers to set aside their own s, decrees or final orders fraudulently or collusively obtained. (d) Civil Procedure Code (V of 1908)--- ----S. 151---Inherent powers---Scope---Courts had "inherent powers" to make such orders as might be necessary for the ends of justice or to prevent abuse of process of the court---Courts should not be loath/reluctant to exercise such powers provided party concerned had approached the court with due…
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