Case Details

Citation(s)
1992 SLG 786 1992 SLD 786 1992 PLC 368
Lahore High Court
Writ Petition No. 1188 of 1987, decided on 13th March, 1988.
MUNIR A. SHAIKH, J

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NUR MUHAMMAD

VS

and others NUR MUHAMMAD vs and others

Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Dismissal of earlier Constitutional petition as withdrawn--. Principal of res judicata---Applicability of, where Constitutional petition was withdrawn without decision on merits--Petitioner in earlier Constitutional petition moved application stating therein that respondent-Authority had assured petitioner to remedy his demands and due to such express assurance petitioner by keeping his right to have legal resort if not satisfied by that assurance, withdrew his Constitutional petition and that application was accepted by Court and petition was dismissed by High Court as withdrawn--­Order dismissing Constitutional petition as withdrawn having been passed on application of petitioner, it was implied therein that petitioner was permitted to file fresh Constitutional petition---Objection that subsequent Constitutional petition filed by petitioner was barred by principle of res judicata, was devoid of any force especially when previous Constitutional petition was simply dismissed as with drawn and no finding on merits of case was given by Court. PLD 1984 Kar. 1 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Maintainability of---Previous Constitutional petition filed by petitioner in 1984 remained pending upto 1987 when same was withdrawn on account of assurance of respondent Authority to redress grievance of petitioner---Subsequent Constitutional petition tiled immediately after dismissal of previous Constitutional petition as withdrawn by petitioner when he could not get relief from Authority according to assurance given to him earlier, was maintainable and could not be held to be suffering from laches. (c) Constitution of Pakistan (1973)- ----Art. 199---Civil Procedure Code (V of 1898), 01, R.3---Necessary parties--­Civil…
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