Law: Constitution of Pakistan, 1956

Section: Art. 170

(On appeal from the orders of the High Court of West Pakistan, Lahore, dated the 22nd of June 1959 and 27th of July 1959, in Criminal Original No. 33 of 1959).   (a) Execution------   ----Questions relating to executability of order or decree-Can be raised even in execution proceedings.   Questions relating to the executability of an order or decree can be raised even in execution proceedings and it is open to the party against whom it is sought to be executed to show that it is null and void or had been made without jurisdiction or that it is incapable of execution.   (b) Constitution of Pakistan (1956)-----   ---Art. 170-Writ-Relief not sought by petitioner-Could not be granted by Court on its own motion in writ proceedings.   Tariq Transport Company, Lahore v. The Sargodha-Bhera Bus Service, Sargodha and others P L D 1958 S C (Pak.) 437 ref.   (c) Writ-Mandamus----   --Person asking for performance of statutory duties by public bodies-Must show that he has some "particular" ground for claiming such performance-Constitution of Pakistan (1956), Art. 170.   The Courts have never claimed to exercise a general power to enforce the performance of statutory duties by public bodies on the application of anybody who chooses to apply but have always required that an applicant should have a legal and specific right in him to enforce the performance of such duties. In order to entitle a person to ask for the performance of any public duty by a mandamus, it is necessary for him to show that he has some particular ground for claiming such performance, apart from the fact that he is interested in the performance of such a duty as a member of a class of persons, all of whom are equally interested therein   Queen v. The Guardians of the Lewisham Union, (1897) 1 Q B 498 at 501 rel.   (d) Writ-Mandamus-----   ------Enforcement by contempt proceedings --When proper.   The method of enforcing a judgment granting an order of mandamus by commitment for contempt is appropriate only where the mandamus is of an absolute nature,, but where the order involves the consideration of other factors, which are…