| Citation(s) |
|---|
| 1983 SLG 1272 1983 SLD 1272 1983 PLC 52 |
Sindh High Court
Writ Petition No. 731 of 1980, decided on 12th July, 1982.
KHALILUR REHMAN, J
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Writ Petition No. 731 of 1980, decided on 12th July, 1982.
KHALILUR REHMAN, J
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MUHAMMAD RAMZAN ANSARI
VS
GOVERNMENT OF PAKISTAN AND OTHERS
Law:
Section:
(a) Constitution of Pakistan (1973)- -- Art. 199-Writ petition-Amendment of-Application for permission to amend writ petition not disclosing proposed amend went-Order of Court directing petitioner to file an amended petition within a week-Cannot be read as having allowed to file amended writ petition--Contention that even otherwise amendment in writ petition could not be allowed inasmuch as by way of amendment an, altogether new case was being introduced-Upheld-Lengthy arguments on merits addressed and amended writ petition could be treated as' fresh petition-Petitioner, in circumstances, not non-suited and High Court preferred to deal with matter on merit. Mst. Khudeja v. Jehangir Khan and 37 others 1971 S C M R 395 ref. (b) Constitution of Pakistan (1973)- --- Art. 199-Writ petition-Laches-Plea of laches against maintainability of writ petition-..Not relevant where grievance continuously affecting petitioner- Expiry of time alone, held, not sufficient to refuse relief if otherwise available. (c) Constitution of Pakistan (1973)- -- Art. 199 read with Civil Procedure Code (V of 1908), O. I, r. 8--Writ petition in representative capacity-Permission for-Provisions of r. 8, O. I of Civil Procedure Code, 1908 applicable to proceedings under Art. 199 of Constitution of Pakistan (1973), Art. 199Court may in its discretion grant permission where circumstances warrant and in interest of justice to avoid multiplicity of proceedings-Officers of National Bank of Pakistan seek redress of grievance common to more than 1,700-Notices given only to 77-Treating writ petition as representing interest of all officers, in circumstances, held, not fair-Neither proper notice issued under r. 8, O. I of Civil. Procedure Code, 1908 nor same is duly served on persons concerned, procedure amounts to irregularity vitiating entire proceedings. Abdul Karim v. The Province of East Pakistan P L D 1959 Dacca 115; Hussain Bukhsh v. Settlement Commissioner P L D 1970 S C 1 and Anjuman Aralan, Bhera v. Abdul Rashid and 5 others P L D 1973 Lah. 500 rel. (d) Constitution of Pakistan (1973)- -- Art. 199-National Bank of Pakistan Ordinance (XIX of 1969), S. 32, Banks (Nationalisation) Act…
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