Law:

Section:

(a) Words and phrases--------"Abate"---Meaning. Black's Law Dictionary, VIth Edn., p. 4, Col. 1 ref. (b) Words and phrases--- ----"Abatement"---Meaning. The Oxford English Dictionary, Vol. 1, p. 9 ref. (c) Service Tribunals Act (LXX of 1973)--- ----Ss.2-A & 6---Word "abate"---Scope---Word "abate" hay not been used in 'S. 6 of Service Tribunals Act, 1973, with the object of nullifying the effect of decree or orders passed prior to the insertion of S.2-A in Service Tribunals Act, 1973. The State v. Dosso PLD 1958 SC 533 ref. (d) Service Tribunals Act (LXX of 1973)---- ----Ss. 2-A & 6---Constitution of Pakistan (1973), Art. 212---Abatement of proceedings--- Insertion of S. 2-A in Service Tribunals Act, 1973---Effect--­Service matter was decreed by Civil Court prior to 10-6-1997---Authority preferred appeal before District Judge but during pendency of the appeal, S.2-A was inserted in Service Tribunals Act, 1973, consequently the appeal was dismissed as abated---Authority filed appeal under Ss.2-A & 6 of Service Tribunals Act, 1973, but the same was dismissed in limine---Civil servant filed execution application and the Authority resisted the same by filing objections---Executing Court overruled the objections and allowed execution--- Such order of the Executing Court was upheld by the Appellate Court as well as by the High Court in revision---Contention of the Authority was that as the appeal was continuation of the suit and the appeal having been abated by operation of law, the execution application had become infructuous as there was no decree for execution---Validity---Only the pending appeal had abated and the decree passed prior to the target date i.e. 10-6-1997 could not be said to have been .abated because of promulgation and insertion of S.2-A into Service Tribunals Act, 1973---Judgment and decree unless either set aside or reversed by the higher Court or was so declared to be nullity by operation of law, same could not be said to have become ineffective, inoperative and inexecutable when the decree-holder had acquired vested rights which could not be taken away subsequently because of abatement pending proceedings. Messrs Sui Southern Gas…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492