P L D 2006 Lahore 298 (PLP)
NADIR ALI — Petitioner Versus SECRETARY, REGIONAL TRANSPORT AUTHORITY, FAISALABAD and another — Respondents
| Citation | P L D 2006 Lahore 298 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | NADIR ALI — Petitioner Versus SECRETARY, REGIONAL TRANSPORT AUTHORITY, FAISALABAD and another — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in P L D 2006 Lahore 298 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2006 Lahore 298 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2006 Lahore 298 (PLP) (NADIR ALI — Petitioner Versus SECRETARY, REGIONAL TRANSPORT AUTHORITY, FAISALABAD and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.D. Tahir, Advocate.
- SYED ZAHID HUSSAIN, J.---Report and parawise comments have been submitted wherein it has been disclosed that the same petitioner had filed a civil suit qua the same subject-matter and cause of action which was pending in the Civil Court at Faisalabad. Today the learned Additional Advocate-General, Punjab has placed on record attested copy of the proceedings of the trial Court in the suit titled "Rana Nadir All v. Secretary, R.T.A. and others". The learned counsel for the petitioner, however, wishes to seek instructions from the petitioner and also to address the Court that notwithstanding the filing/pendency of the suit, petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is still competent.
Headnotes / Summary
Art. 199
Constitutional petition
Civil suit qua same subject-matter and cause of action pending between parties
Non-disclosure of such suit in constitutional petition
Withdrawal of suit after filing of constitutional petition
Effect
Constitutional petition would be entertained despite pendency of suit, where suit was stated/disclosed not to be adequate remedy in the context of controversy
Constitutional petition would fall within the realm of equitable and discretionary jurisdiction, wherein conduct of petitioner would assume significant importance
Petitioner was guilty of suppression of material facts and information from High Court
No indulgence could be shown to petitioner nor his such conduct could be condoned, rather he was liable to be burdened with cost/penalty
High Court dismissed constitutional petition with costs of Rs.10,000.
Judgment & Decree
SYED ZAHID HUSSAIN, J.
Report and parawise comments have been submitted wherein it has been disclosed that the same petitioner had filed a civil suit qua the same subject-matter and cause of action which was pending in the Civil Court at Faisalabad. Today the learned Additional Advocate-General, Punjab has placed on record attested copy of the proceedings of the trial Court in the suit titled "Rana Nadir All v. Secretary, R.T.A. and others". The learned counsel for the petitioner, however, wishes to seek instructions from the petitioner and also to address the Court that notwithstanding the filing/pendency of the suit, petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is still competent. I do not consider it necessary that the learned counsel needs any further instruction from the petitioner inasmuch as the perusal of the order sheet/proceedings of the trial Court in the suit mentioned above go to show that the said suit was filed on 30-3-2004 which was pending before the trial Court when the present petition was filed in this Court on 7-3-2006. No mention/disclosure about the pendency of the suit has been made in the petition. The suit was then withdrawn from the trial Court on 21-3-2006. Such devious mode adopted by the petitioner can hardly be countenanced, overlooked or condoned. I am not unmindful of precedents where the petitions were entertained despite pendency of the suit but in such cases it was candidly stated and disclosed that the suit was not the adequate remedy in the context of the controversy. In the present petition, however, the factum about the suit which had been filed by the petitioner, was pending and being prosecuted by him for the last two years, was not at all disclosed in the petition. The petitioner undoubtedly is guilty of suppression of material facts and information from the Court who filed the petition without making such a disclosure. No indulgence can be shown to such a petitioner nor his conduct of concealment of material information and suppression of pendency of the suit be condoned. Indeed petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 falls within the realm of equitable and discretionary jurisdiction wherein the conduct of the petitioner assumes significant importance. The conduct of the petitioner herein not only disentitles him to be heard due to concealment of facts, he is also B liable to be burdened with costs/penalty. The petition is dismissed accordingly with costs of Rs.10,
000. S.A.K./N-27/L??????????????????????? ??????????????????????????????????????????????????????????????????????? Petition dismissed.