Law: Constitution of Pakistan, 1973

Section: 199

Law: Guardians and Wards Act, 1890

Section: 7

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Permission to allow wife of respondent to proceed Canada alongwith minors--Surety on behalf of wife of respondent--Issuance of bailable warrants without service of notices--Orders of--Initiation of proceedings for attachment of property of surety bond--Violation of fundamental principle of natural justice--Opportunity of hearing--Challenge to--Although learned counsel for respondent has supported impugned order on various grounds, he has not been able to satisfy this Court that any service of notice was effected upon petitioner before adopting coercive measures or objections raised by petitioner had been decided by appellate Court--It is an inalienable right of a party to be provided a right of hearing which includes his right to be available before Court, for which purpose Court is required to ensure that proper notice has been served to that party requiring him to appear before Court and present his case--It is not case of respondent that petitioner despite service of notice had not appeared before appellate Court and had waived his right to be heard--Consequently it appears that adverse order has been passed against petitioner without providing him proper hearing and decisions suffer from violation of fundamental principle of natural justice which is to be read as part of every statute--I am not inclined to agree with objection raised by learned counsel for respondent that constitutional petition is not competent against an interim order, because such bar is not absolute and where an interim order appears to suffer from some jurisdictional defect causing prejudice to rights of a party (non-provision of right of hearing in present case before passing adverse order against him) this Court under Article 199 of Constitution is empowered to rectify same--Petition was allowed. 1998 CLC 2065 & 2005 SCMR 678, ref. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, JUSTICE---.--- CMNo. 05 of 2019 This is an application filed on behalf of the petitioner to amend the petition. 2. Learned counsel for Respondent No. 2 has no objection, if amendment is allowed. The application is allowed subject to all…

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