| Citation(s) |
|---|
| 2003 SLG 2589 2003 SLD 2589 2003 CLC 955 |
Lahore High Court
Intra-Court Appeal No.83 of 2002, decision dated: 10-07-2002.
CH. IFTIKHAR HUSSAIN AND RAJA MUHAMMAD SABIR, JJ
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Intra-Court Appeal No.83 of 2002, decision dated: 10-07-2002.
CH. IFTIKHAR HUSSAIN AND RAJA MUHAMMAD SABIR, JJ
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Messrs COLONY TEXTILE MILLS LTD., MULTAN through Factory Manager
VS
CHIEF EXECUTIVE, MULTAN ELECTRICITY POWER COMPANY LTD. (MEPCO), MULTAN and 2 others
Law:
Section:
Civil Procedure Code (V of 1908)--------O. VI, R.17---Constitution of Pakistan (1973), Art. 199---Amendment in pleadings---Pursuant to order of Supreme Court proceedings against the petitioner were pending adjudication with the Authority for a considerable long period and petitioner was associated in the said proceedings and submitted written statement and case was decided by the Authority---Petitioner, on the same date when the case was decided by the Authority, instituted Constitutional petition seeking therein a direction for restraining the Authority from proceeding with the said case and by an amended Constitutional petition order passed by the Authority was also challenged---Validity---Petitioner could challenge the order passed by the Authority only through independent proceedings as prayer in the Constitutional petition and application for amendment, were contrary to each other and changing the nature of proceedings was not permissible under law---Amendment in pleadings was only permissible when same did not change the character of original petition. Water and Power Development Authority and others v. Mian Muhammad Riaz and another PLD 1995 Lah. 56 and A.R. Niazi, Advocate and others v. Pakistan and others PLD 1968 SC 119 ref. Raja Muhammad Akram and Ms. Aniqa Mughis Sheikh for Appellant. Muhammad Qasim Khan, A.A.-G. for Respondents. Date of hearing: 9th July, 2002. JUDGMENT RAJA MUHAMMAD SABIR, J.--- This appeal under section 3 of the Law Reforms Ordinance, 1972 is directed against the order of learned Single Judge in Chamber dated 22-5-2002 whereby he dismissed the appellant's Writ Petition No.3197 of 2002 seeking a direction to the respondents to act in accordance with order dated 31-5-2,001 of the Supreme Court of Pakistan passed in Civil Appeal No.1647 of 1997, declare all other proceedings being conducted by them beyond the scope of aforesaid order and in the meantime respondent No.1 be restrained from further proceeding in the matter. 2. Brief facts of the case are that appellant-mill was raided by a committee constituted by WAPDA Authorities on 23-9-1997 consisting of Muhammad Ali XEN, Muhammad Ali Ghuman, S.E., Ahmad Din, Deputy Director…
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