Law:

Section:

(a) Privatization Commission Ordinance (LII of 2000)---S.29---Civil Procedure Code (V of 1908), O.VII, R.11---Rejection of plaint---Scopq---In cases under Privatization Commission Ordinance, 2000, provisions of O.VII, R.11 C.P.C. may not be applicable strictly. (b) Privatization Commission Ordinance (LII of 2000)---S.33---Transfer of Managed Establishments Order (XII of 1978), Art.4---Appeal---Privatization of industrial unit--Proprietary interests, transfer of---Principles---Plaintiffs were the original owners of the shares of the unit put to sale---During privatization proceedings, the plaints were the lowest bidders but asserted their right to match the highest bid under Art.4 of Transfer of Managed Establishments Order, 1978---Dispute between the plaintiffs and Privatization Commission was finally decided by Supreme Court and opportunity was provided to plaintiffs to match the highest bid---Suit filed by plaintiffs was dismissed by Judge in Chambers of High Court, on the ground that the plaintiffs failed to match the highest bid---Validity---Privatization Commission having fulfilled its obligation under Supreme Court by asking plaintiffs to match the highest bid, the question was whether the plaintiffs accepted such offer and were ready and willing to match the highest bid---As the plaintiffs neither matched the highest bid nor they intended to do so, therefore, the suit filed by them was rightly dismissed by High Court---Appeal was dismissed in circumstances. (c) Privatization Commission Ordinance (LII of 2000)--- ---S.29---Civil Procedure Code (V of 1908). Preamble---Phrase, "follow the procedure as nearly as possible as provided in the Code of Civil Procedure"---Applicability---To suits under Privatization Commission Ordinance, 2000, Civil Procedure Code, 1908, itself was not made applicable---Where relevant facts are not in dispute, the Court merely has to apply the law to such facts and render its decision---No need, in such case is to call for evidence and to embark on a regular trial-Even Civil Procedure Code, 1908, envisages decision of cases on preliminary issues without a full trial. missed with costs. JUDGMENT JAWWAD S. KHAWAJA, J.---This appeal…

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