Law: Anti Dumping Duties Ordinance (LXV of 2000)

Section: 64,64(5)

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.7

Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan (1973)---Art. 199---Civil Procedure Code (V of 1908), O.VII, R.7---Constitutional petition--Moulding of relief---Theory of subsequent event---Applicability---Scope---Court seized of a matter, which is competent and maintainable before it, can always mould the relief as is warranted by the facts of the case, even taking into account the subsequent developments occurring during the pendency of the lis---Such rule, however, is subject to important limitations; that no prejudice is caused to the defendant/respondent by doing so; such events must have nexus with the cause of action or the defence of the case and should not amount to setting up a new case by the parties; either side must get a chance of meeting the effect of the subsequent events, which, in ordinary course should be incorporated by appropriate amendment of the pleadings. Ch. Riyasat Ali, Advocate v. Returning Officer and 2 others 2003 CLC 1730; Capt. S.M. Aslam and others v. Karachi Building Control Authority through Chief Executive Nazim-e-Aala and others 2005 CLC 759; Mehrab Khan through Attorney v. Province of Sindh through Secretary, Irrigation and Power Department, Government of Sindh and 5 others 2005 CLC 441; Ardeshir Cowasjee v. Province of Sindh 2002 CLC 684; Marghub Siddiqi v !amid Ahmad Khan and 2 others 1974 SCMR 519 and Salahuddin and 2 others v. Fronteir Sugar Mills and Distillery Ltd. Tokht Bhai and 10 others PLD 1975 SC 244 ref.(b) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Theory of subsequent event, applicability of Moulding of relict --Scope -Vices of specific order of the Commission had not been challenged in the constitutional petition, rather no ground, at all, had been set out on the basis of which it could, especially by the court, be ascertained, assessed, determined and adjudicated as to what was the illegality or vices (legal or factual) of the Commission's order, not only the court shall he in disadvantageous position to examine the order in this behalf, even the respondent shall not he in a position to defend the case on the basis of the present pleadings. (c) Maxim-------Ubi jus ibi remedium---Lex…