Law:

Section:

(a) Constitution of Pakistan (1973)---------Art. 199---Civil Procedure Code (V of 1908), Ss.9, 91. 92 & O.I, R.8---Constitutional petition ---Maintainability---Procedure--­Applicability of provisions of C.P.C.---Principles of Civil Procedure Code were applicable to Constitutional jurisdiction---Petitioner had filed the Constitutional petition in a representative capacity without fulfilling mandatory requirements of 0.1, R.8, C.P.C. and without adopting proper procedure prescribed under Ss.91 & 92, C.P.C.--­Constitutional petition was not maintainable in circumstances and was liable to be dismissed. Hussain Bakhsh's case PLD 1970 SC 1 and Anjuman Araian Bhera's case PLD 1973 Lah. 500 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Specific Relief Act (I of 1877), S.42---Suit for declaration and Constitutional petition---Distinctive feature in their respective scope---Constitutional jurisdiction was not a substitute of suit for declaration---Constitutional jurisdiction was discretionary in character and could not be exercised in favour of petitioner who had concealed certain facts from the ,Court. Nawab Raunaq Ali's case PLD 1973 SC 236; Abdul Rashid's case 1969 SCMR 141 and Rana Muhammad Arshad's case 1998 SCMR 1462 ref. Rustam Ali Baloch for Petitioner. Ali Akbar Qureshi, Legal Adviser for Respondent No. 1. ORDER The petitioner has filed this writ petition with the following prayer: ---- "It is humbly prayed that this writ petition may very kindly be accepted and respondents are directed to restrain froth interfering into the main entrance of Arshad Cloth Market situated at Jhang Bazar, Faisalabad." 2. The learned counsel of the petitioner submits that the petitioner purchased the Shop No.201 from the respondents alongwith rights of easements and appurtenances including right of way. The respondents wanted to construct six shops for fresh allotment to their favourites. He further submits that agreement was executed between the petitioner and the respondents. The respondents have no lawful authority to take any action in violation of terms and conditions of the agreement dated 19-10-1978 which is attached with the writ petition as Annexure-A.…

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