Law: Civil Procedure Code (V of 1908)

Section: 149,151,9

Law: Specific Relief Act, 1877

Section: 42,56

Law: Constitution of Pakistan, 1973

Section: 212(2)

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 56---Suit for declaration and permanent injunction--­Maintainability---Party could not insist that his case should be heard at a particular place or by a particular Judge or Bench---Any such direction in the form of declaration or injunction would be violative of Ss.42 & 56 of Specific Relief Act, 1877. Philips Electrical Industries of Pakistan Limtied v. Pakistan and others 2000 YLR 2724 ref. (b) Administration of justice--- ---- Legal position could not be changed or altered on compassionate grounds. JUDGMENT This suit for declaration and permanent injunction has been filed by plaintiffs Umer Khan, Liaquat Ali and Ashiq Hussain seeking following reliefs:-- (i) Declare fixation of the appeals of the plaintiffs in Islamabad on 15-11-2000 to be without jurisdiction, unconstitutional and against the fundamental rights; (ii) direct the respondent No.2 to fix the plaintiffs' appeals at Karachi in November, 2000 when the Bench shall be operating here; (iii) direct the defendants to make proper arrangements for hearing of appeals at Karachi including availability of Benches. The facts in brief as disclosed in the plaint are that the plaintiffs who were employees of Pakistan International Airlines Corporation were dismissed from service. The plaintiffs approached firstly High Court and thereafter preferred appeals before Federal Service Tribunal. The said appeals were allowed whereafter P-.I.A.C. Preferred appeals in Supreme Court of Pakistan and the appeals were remanded back to defendant No.2. The plaintiffs have further stated that preliminary hearing was made at Karachi and the appeals were admitted. However, due to non-appointment of the Chairman, the Tribunal was not functioning, and now after his appointment, the Tribunal will start functioning. It has been further stated in the plaint that the defendant No.2 at the direction of the Registrar, has transferred the appeals of the plaintiffs to Islamabad and the hearing is fixed on 15-11-2000. The plaintiffs further stated that they have lodged protest and requested the defendant No.2 to fix the appeals at Karachi but the said request has been denied. The…

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