Law:

Section:

Civil Procedure Code (V of 1908)-------O. VII, R. 2 & O.XXVII, R. 8--Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of amount of damages---Suing public officials in private capacity---Suit was filed by plaintiff against Authority through its Chairman along with other defendants the officers of Authority in their private capacity---Pending suit said other defendants filed application under O.XXVII, R.8, C.P.C. contending that they having acted and performed their Government duty should not be treated as party in their personal capacity and should not be sued in private capacity---Said application of the defendants was accepted by Trial Court and also by Appellate Court in revision and plaintiff had filed Constitutional petition against orders of Court below---Validity---Alleged inaction on part of other defendants pertained to and had nexus with their official duties and competent Authority had decided to contest suit in its official capacity and defendant Authority would be liable for its consequences---Since defendant Authority was prepared and had undertaken to contest the matter and to accept the liability on behalf of its employees/the other defendants, rights of plaintiff in eventuality of a decree if so passed in his favour, would be fully safeguarded in view of said undertaking---Grant of relief by High Court in its Constitutional jurisdiction was discretionary and High Court would have to keep in view all such aspects of matter while exercising or declining to exercise its Constitutional jurisdiction and it could not be overlooked that impugned order was passed on an interlocutory application and interference with such a matter in any case was not appropriate. Secretary, B&R, Government of West Pakistan and 4 others v. Fazal Ali Khan PLD 1971 Kar. 625; Tahir A. Khan v. Central Board of Revenue and others 2003 YLR 196; WAPDA and another v. Muhammad Arshad Qureshi 1986 SCMR 18; WAPDA v. Muhammad Zubair and others 1997 PLC (C.S.) 189; Rana Mamoon Rasheed v. Kokab Noorani Okarvi and 4 others PLD 1999 Kar. 257 and Muhammad Zahoor and another v. Lal Muhammad and 2 others 1988 SCMR 322 ref. Mushtaq Ahmad Khalid…

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