Law:

Section:

Constitution of Pakistan--- ----Art. 199---Civil Procedure Code (V of 1908), Ss. 12(2) & 151 & O. IX, R. 9---Constitutional petition against judicial proceedings---Scope---Allotment of land---Ex-parte decree, setting aside of---Suit filed against the petitioner- debtor was decreed ex-parte and application for setting aside the said decree was dismissed---Petitioner assailed said orders in constitutional jurisdiction of High Court---Validity---Impugned and decree passed in the civil suit was firstly challenged on the basis of fraud and misrepresentation through an application under S.12(2), C.P.C. but same was dismissed---Execution petition against the petitioner- debtor had been allowed by the Executing Court---Petitioner moved another application under O. IX, R. 9, C.P.C. which was also dismissed---Petitioner had earlier filed constitutional petition against the order of Executing Court which was disposed of with the consent of both the parties---Present constitutional petition had been filed with same prayer which was mala fide of the petitioner---Constitutional jurisdiction could only be exercised in aid of justice and not for the purpose of promoting/ advancing injustice---One could not approbate and reprobate under the law---Constitutional petition was dismissed in limine. THIS ORDER PASSED BY: AZIZ-UR-REHMAN, J.--- Through the instant Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, filed on 19.10.2017 through General Secretary viz. Muhammad Yaseen son of Muhammad. Khawaja as being competent and authorized officer of the Petitioner's Society viz. Lucknow Cooperative Housing Society Limited besides, seeking a declaration to the effect that all legal proceedings i.e. from filing of Suit No.1115/2009 [Syed Gulzar Hussain v. Lucknow Cooperative Housing Society Ltd.] as well as of the Execution No.01/2011 [Syed Gulzar Hussain v. Lucknow Cooperative Housing Society Ltd.], arising therefrom, be quashed as according to Petitioner's stand the same are illegal, unlawful and void ab initio. For ready reference the prayers sought by the petitioner read as follows:-- a. To declare that all proceedings from…

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