Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)  Art. 199-Writ--Stay-Appellant's contention that on refusal to proceed with writ petition no power vested in Court to grant stay extending beyond date of disposal of writ petition conceded to by respondent in terms that such order could not be - passed without notice to, and in absence of, respondents due to their being adversely affected by such order-Appeal being not contested by respondent allowed and writ petition held to have been disposed of without any order of stay attaching therewith--Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2. Date of hearing: 10th November, 1979.                                                                                                                      JUDGMENT M. S. H. QURESHI, J.-Learned counsel for the appellant state that when the learned Single Judge had refused to proceed with the writ petition, there was no power to grant a stay extending beyond the date of disposal of the writ petition. In support he cites the Authority of the Indian Supreme Court in The State of Orissa v. Madan Gopal Rungta (1) in which the following view had been taken :-. "An interim relief can be granted only in aid of and as ancillary to the main relief which may be available to the party on final determination of his rights in suit or proceeding. If the Court was of opinion that there was no other adequate remedy open to the petitioners, it might have proceeded to investigate the case on its merits and come to a decision as to whether the petitioners succeeded in establishing that…