Law: Constitution of Pakistan, 1973

Section: 199

Law: General Clauses Act, 1897

Section: 24-A

Constitution of Pakistan--- ----Art. 199---General Clauses Act (X of 1897), S.24-A---Constitutional petition---Reasons for decision---Scope/ defendant assailed the concurrent dismissal of his application for cancellation of written statement as well as power of attorney---Contention of petitioner, inter alia, was that he neither appointed any Advocate nor authorized any person to file conceding written statement on his behalf---Validity---Revisional Court had neither noted the contentions of petitioner nor properly thrashed out while passing impugned order, thus, same lacked valid lawful reasons and was passed in violation of the provisions of S. 24-A of General Clauses Act, 1897, which had bound down the Judge to assign reasoning and pass speaking order/ ---Where the reasons were not forthcoming from the impugned order/ , the High Court was deprived of the valuable views of the subordinate forum---Impugned revisional order was amenable to the constitutional jurisdiction of the High Court---Constitutional petition was allowed and the case was remanded to the Revisional Court for decision afresh. Province of Sindh through Secretary Education, Government of Sindh, Karachi and 3 others v. Miss Saima Bano and others 2003 SCMR 1126; Muhammad Farooq Shah v. Shakirullah 2006 SCMR 1657; Abdul Majeed Zafar and others v. Governor of the Punjab through Chief Secretary and others 2007 SCMR 330; Umar Din through L.Rs. v. Mst. Shakeela Bibi and others 2009 SCMR 29; Secretary Ministry of Health, Government of Pakistan, Islamabad and another v. Dr. Rehana Hameed and others 2010 SCMR 511; Government of Pakistan through Director-General, Ministry of Interior, Islamabad and others v. Farheen Rashid 2011 SCMR 1 and Messrs MFMY Industries Ltd. and others v. Federation of Pakistan through Ministry of Commerce and others 2015 SCMR 1550 ref. ORDER MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE:---.--- Through instant petition, petitioner has challenged vires of orders dated 20.05.2021 and 20.10.2021, passed by learned Civil Judge and Additional District Judge, Kotmomin, respectively, whereby petitioner’s application for cancellation of written statement as well as power of attorney was…

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