Case Details

Citation(s)
2003 SLG 2780 2003 SLD 2780 2003 CLC 1823
Lahore High Court
Writ Petition No. 919 of 1995, heard on 13-06-2003.
CH. IJAZ AHMAD, J

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Sheikh FAZAL REHMAN & SONS LIMITED and anothers

VS

GHEE CORPORATION OF PAKISTAN through Chairman and 2 others

Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Privatization Commission Ordinance (LII of 2000), Ss.28 & 31---Constitutional petition---Pending Constitutional petition, Competent Authority had issued Privatization Commission Ordinance, 2000 and Ss.28 & 31 thereof covered the matter involved in the said Constitutional petition---Contention of the petitioner was that the proceedings be converted into a petition under S.28 of the Privatization Commission Ordinance, 2000 as the Constitutional petition could be converted and question of law could be raised at any stage---Validity---Court, with a view to foster justice could take appropriate action or to adopt a procedure which was not provided for if it was not expressly prohibited by any provision of law---No express prohibition existed against the conversion of a Constitutional petition into appeal, etc., High Court had inherent power to adopt a procedure in a fit case in the interest of justice---Technicalities were not to defeat the ends of justice--­Contention of the petitioner was allowed and Constitutional petition was converted into petition under S.28 of the Privatization Commission Ordinance, 2000. Collector of Customs v. Messrs Flying Kraft Paper Mills PLJ 1995 SC 795; Mst. Akhtar Naseem's case PLD 1982 Kar. 130; Saleh's case PLD 1982 Kar. 542; Khuda Yar's case PLD 1975 SC 678; Sher Muhammad's case PLD 1989 SC 532; Mst. Sardaran's case 1993 SCMR 363; Alam Din's case 1999 MLD 2146 and Messrs Gee Constructions Company Ltd.'s case 1999 MLD 2202 ref. (b) Privatization Commission Ordinance (LII of 2000)--- ----Ss. 28 & 31---Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), O.VII, R.7---Subsequent events---Court was entitled to take notice of the subsequent events for the purpose of doing full and, complete justice to the parties and for giving the effective relief to the petitioner/appellant---Court was not only empowered but was duty bound, in appropriate cases, to consider the changed circumstances, where it was shown that the original relief claimed by the petitioner/appellant, had, by reason of subsequent changes in the circumstances, had become useless or…
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