Law: Civil Procedure Code (V of 1908)

Section: 1,2,151,152

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)--- ----O. XLVII, Rr.1 & 2, Ss. 151 & 152---Constitution of Pakistan, Art.199---Constitutional petition---Review of ---Suppression of facts---Promotion---Judgment passed by High Court under Constitutional jurisdiction in favour of respondent was sought to be reviewed on the plea that respondent concealed the fact of his facing trial under National Accountability Ordinance, 1999---Validity---Constitutional jurisdiction under Art.199 of the Constitution was discretionary jurisdiction meant to foster justice and to remedy wrong---Discretionary relief under extraordinary Constitutional jurisdiction could only be claimed by a person having a bona fide claim and coming to Court with clean hands---Such jurisdiction could not be invoked by a person who had come to Court with un-cleaned hands and likewise no one could be allowed to take advantage of his wrong act---High Court in its inherent jurisdiction had power under Civil Procedure Code, 1908, to review its own order passed in exercise of Constitutional jurisdiction---Respondent obtained in his favour by concealment of material, relevant and important facts---High Court reviewed/recalled its as the same was not implemented till then and dismissed Constitutional petition---Application was allowed in circumstances. Justice Khursheed Anwar Bhindar v. Federation of Pakistan PLD 2010 SC 483 ref. Hussain Bakhsh v. Settlement Commissioner PLD 1970 SC 1; Desmond Vaz v. Karachi Building Control Authority PLD 2005 Kar.164 and Manzoor Ahmed v. Muhammad Nawaz PLD 2013 Lah. 123 rel. THIS ORDER PASSED BY: NAEEM AKHTAR AFGHAN, J.--- This order disposes of Review Application No.25/2017 filed by the applicant (Naseebullah Khan Bazai BCS/B-20/OSD Government of Balochistan) on 25.9.2017 under Order XLVII, Rules 1 and 2, C.P.C. read with sections 151 and 152, C.P.C. to review the judgment dated 30.8.2017 passed in favour of respondent No.1 (Dr. Umar Khan Babar BS-20 officer Government of Balochistan) in CP No.361/2016 filed by respondent No.1 and to dismiss the Constitution Petition No.361/2016. The following grounds have been urged by the applicant in the review application: 2. That while filing…

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