Case Details

Citation(s)
1998 SLD 715 = 1998 CLC 101
Peshawar High Court
Writ Petition No. 46 of 1993, decided on 11th June, 1997.
Presented By: Before Jawaid Nawaz Khan Gandapur and Hamid Saeed Malik, JJ
S. Zafar Abbas Zaidi for Petitioner. Rustam Khan Kundi for
Respondents

MUHAMMAD ISHAQ KHAN---Petitioner

VERSUS

VICE-CHANCELLER, GOMAL UNIVERSITY, D.I. KHAN and 3 others---Respondents

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art. 199---Civil Procedure Code (V of 19081, O.VII, R.1---Non-compliance of order of Court---Effect---Where petitioner had been directed by High Court to furnish address of respondent and he had failed to comply with such order of the Court in spite of passage of. three years, his constitutional petition deserved to be dismissed solely on that ground. Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Fixation before Court---Practice and procedure---Constitutional petition in the present case was fixed once a year, details whereof were that for the first time it was fixed before Court on 20-10-1993 thereafter it was laid before another Bench of High Court on 6-6-1994; then it came up for hearing before another Bench on 2-5-1995; again it was fixed on 6-10-1996; and finally on 18-3-1997---Deputy Registrar was directed to look into the matter and find out as to why, constitutional petition was given special treatment and submit his report to the Court within 15 days positively to be placed before Chief Justice, for information. Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Educational institution---Rechecking    of    answer    books   ---Laches---Effect---Petitioner had applied for re-checking of his answer books on 16-10-1940---Petitioner kept silent for period of about three years and thereafter instituted constitutional petition on 30-5-1993-- Constitutional petition, thus, suffered from laches and was liable to be dismissed---Discretionary powers of Court could not be exercised  in  favour  of  petitioner  in  circumstances. ---[Laches]. S. Zafar Abbas Zaidi for Petitioner. Rustam Khan Kundi for Respondents Date of hearing:11th June, 1997. JUDGMENT JAWAID   NAWAZ   KHAN    GANDAPUR,    J.---The petitioner who was directed to furnish address of respondent No.4 on 6-6-1994 has failed to comply with the orders of this Court in spite of the passage of three years. The conduct of the petitioner, in the circumstances, is definitely disgusting.…
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