Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 212(3)---Leave to appeal was granted to consider whether plea raised by the appellant was not properly considered by the Service Tribunal. (b) Provisional Constitution Order (1 of 1981)--Art.13-A---Appeal pending before Service Tribunal abated on the promulgation of Art.13-A---Abatement of proceeding is destruction of pending proceeding as it closes the entire chapter and makes it non-existent without determining the controversy. (c) Abatement--- ----Concept---Effect on pending proceedings. The term `abatement' is used, with- reference to pending actions or suits, to designate the result upon a suit or action, of defects which vitiate the propriety of the suit as brought, in contradistinction to the existence or the statement of a cause of action; it looks to their effect; and consequently it is ordinarily defined descriptively in terms of the .effect produced, so that the definition varies accordingly as abatement at common law or abatement at equity or under codes extending equitable doctrines to all suits or. actions is spoken of; thus, at common law abatement is an entire overthrow or destruction of the suit caused by defendant's setting up facts in the nature of matter in abatement; in equity, abatement is an interruption or suspension of the suit brought about by such action on the part of defendants. The effect of abatement on a proceeding is destructive in nature as it completely wipes out the proceedings irrespective of the fact whether objection to jurisdiction has been raised or not. It is given effect notwithstanding the objections raised which may be legal and valid. It is, however, to be noted that the provisions which impose abatement of proceedings may kill an action but do not destroy the cause of action. JUDGMENT SALEEM AKHTAR, J.---This appeal is directed against the judgment of the Federal Services Tribunal dated 2-2-1989 passed in Appeal No.795(K) of 1974, dismissing it as having abated. 2. The appellant joined the civil service of Pakistan in the year 1959 on the basis of a competitive examination. After completing the probationary period of two years he was confirmed and while he was serving in…

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