Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Civil Procedure Code (V of 1908), O.XXIII, R.1---Withdrawal of earlier Constitutional petition without disclosing inherent defects in it---Filing of fresh Constitutional petition---Effect---Where permission to withdraw suit or Constitutional petition had been granted on account of inherent defects, pointed out in plaint or body of Constitutional petition, which were not curable without instituting fresh proceedings as envisaged under O.XXIII, R.1, C.P.C., permission to institute fresh suit or file fresh petition would follow automatically even if it had not been granted expressly---Exception to such rule, however, would be when application has been moved to withdraw suit or petition without disclosing inherent defect in it, particularly mentioning that alternate, remedy by way of instituting other proceedings viz. appeal, revision etc. was available--­Such permission to withdraw suit or petition would not contain in its fold, automatic permission to file fresh suit or petition, on same cause of action--­Fresh Constitutional petition filed by petiti6ner was, thus, not competent in circumstances. PLD 1959 SC (Pak.) 287; 1970-SCMR 14f and PLD 1990 SC 596 ref. . (b) West Pakistan Motor Vehicles Ordinance (XIX of 1965)--- ----S.66---Appeal against order passed by Chairman, Provincial Transport Authority---Competency---Appeal against order passed by Chairman, Provincial Transport Authority would be competent before Board of Revenue, if former had acted under original jurisdiction---No appeal would lie where order by Chairman, Provincial Transport Authority had been passed in exercise of appellate jurisdiction, conferred upon him under S.66, West Pakistan Motor Vehicles Ordinance, 1965,---[Appeal (civil)]. (c) West Pakistan Motor Vehicles Ordinance (XIX of 1965)--- ----S. 66---Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), O.XXIII, R.1---Withdrawal of earlier Constitutional petition for seeking alternate remedy of appeal without seeking permission to institute fresh one---Appeal before Board of Revenue being , not competent, same was dismissed---Petitioner filing Constitutional…

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