Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.3,4

Constitution of Pakistan--- ----Art. 199---Civil Procedure Code (V of 1908) O. IX, Rr. 3 & 4---Intra-court appeal---Dismissal of Constitutional petition for non-prosecution---Application to restore Constitutional petition under O.IX, R. 4, C.P.C.---Filing of a fresh Constitutional petition after dismissal of earlier petition for non-prosecution---Res judicata, principle of---Applicability---Scope---Application of O. IX, R. 4, C.P.C.---Scope---Question before the High Court was whether petitioner, after dismissal of petitioner's application for restoration of Constitutional petition, could file a second Constitutional petition on the same subject-matter---Held, after dismissal of first Constitutional petition for non-prosecution, petitioner under O. IX, R. 4, C.P.C. could either have brought a fresh Constitutional petition, or applied for an order to set the dismissal aside, and in the present case , the petitioner chose to file an application for restoration of the Constitutional petition---High Court observed that had the petitioner not availed remedy of application for restoration of earlier Constitutional petition under O. IX, R. 4, C.P.C., then second Constitutional petition would have been maintainable, and therefore in the present case, second Constitutional petition was not maintainable---Intra-court appeal was dismissed, in circumstances. Dr. M. A. Haseeb Khan and others v. Sikandar Shaheen and 9 others PLD 1980 SC 139 and Shamim Akhtar v. Muhammad Tufail 2002 MLD 1716 distinguished. THIS JUDGMENT DELIVERED BY: SHAHID WAHEED, J.---- The genesis of the dispute involved in this case is the order dated 26.07.1979 whereby the Notified Officer/respondent on the complaint under Sections 10/11 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, filed by one Muhammad Bashir, the general attorney of Muhammad Ishaq, cancelled the allotment of land measuring 82 Kanals 17 Marlas situated in Sikandarpura District Kasur made in favour of the predecessor of the present appellants namely Sher Khan vide mutation No.132 dated 22.04.1956 after having got confirmation of claim against Khata No.5657 of RL-II. The cancellation order dated 26.07.1979 was…

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