1999 PLP 1830 (SCMR)

RAJA AFRASIAB KHAN, J.

On 10th of July, 1996 a petition under section 12(2), C.P.C. having been instituted by the petitioners was disposed of by the High Court. The said order reads as follows:-- "Through this petition under section 12(2), C.P.C. the petitioners want recalling of the consent order dated 30-4-1980 passed by this Court, in Writ Petition No. 10 14-R of 1977. Previously, petitioners moved C. M. No.3251 of 1995 under section 12(2) of the C.P.C. for recalling the same order but it was not pressed after arguing it at length by the learned counsel on 6-2-1996 and was unconditionally withdrawn. Learned counsel for the petitioners has filed the present petition under the same provisions of law with the same prayer. Earlier petition has been withdrawn and the second petition is barred under Order XXIII, sub-rule (3) of Rule 1 of the C.P.C. The petitioners are precluded from instituting the present petition on the same subject for the same relief. Learned counsel for the petitioners has also submitted that the petitioners were not party in the writ petition, therefore, the consenting' order dated 30-4-1980 is not binding on them. He apprehends that the said order is likely to prejudice the case of the petitioners which is pending in the civil Court. The effect of the order passed by the High Court in the writ petition will be examined by the Trial Court while appraising the entire evidence produced by the parties before it. Question whether it is binding on the person, who was not party in the writ petition or not, shall be determined by the said Court. For the reasons stated above, the present petition is not maintainable, hence, the same is disposed of with the observations made above. " Intra-Court Appeal filed by the petitioners against the above order was not pressed and the same was dismissed in limine with the following order:-- "Learned counsel for the appellant when questioned as to how under section 3 of the Law Reforms Ordinance, 1972, this appeal is maintainable against the order dated 8-2-1977 and the order dated 10-7-1996 having been passed by learned Single Judge in a Constitutional petition under section 12(2), C.P.C. whereby the same was rejected, has no answer. Wishes to avail remedy before the civil Court. Dismissed in limine. This is a petition for leave to appeal against the impugned order.

2. After arguing the case for some time, learned counsel for the petitioners has stated before us that he will not press this petition and wishes to pursue the remedy before the civil Court. He may do so. Needless to say that the civil Court is bound to entertain the pleas of the petitioners for their decision as warranted by law on the controversy, With this observation, this petition is disposed of. H.B.T./B-24/S Order accordingly.