Writ Proceedings

Provisions of Civil Procedure Code, 1908 and particularly provisions of OXXII, r. 3 (2), C.PC. held, applicable to writ proceedings provided the matter is of civil nature.

[Abatement].

S. 25-A and Constitution of Pakistan (1973), Art. 199-Re-instatement-Writ proceedings-Employee dismissed from service for misconduct but re-instated on appeal-High Court on writ petition being filed dismissing same on ground of counsel having conceded matter being fought only as an academic matter for future guidance inasmuch as respondent had already resumed duty and that question of past benefits being only a consequential matter to be agitated before appropriate forum could not be proper subject-matter of writ petition-Held, re-instatement of petitioner to circumstances neither rendered proceedings in High Court infructuous nor made it only academic

Re-instatement having been made pursuant to order of Labour Appellate Tribunal having to be complied with, compliance made under protest acid subject to result of litigation and not conclusive -of matter.[Industrial dispute].

Abatement-Civil Procedure Code, 1908, held, fully applicable to constitutional petitions and application for substitution of legal heirs must be made within prescribed time-Constitution of Pakistan (1973), Art. 199.-[Abatement]

Art. 98 - Writ proceedings - Remind order - Not final order - Cannot appropriately be interfered within writ jurisdiction.

Cannot be gone into and investigated in writ proceedings.

Art. 98-Writ proceedings Petitioner failing to appear before High Court in his writ petition cannot complain against orders passed.

Art. 98-Writ proceedings Government servant-Date of birth whether correctly recorded in service book of Government employee-Question of fact-Cannot be determined in writ jurisdiction.

Art. 98-Writ proceedings-High Court in writ proceedings not finding conviction and sentences illegal but merely directing sentences of imprisonment to run concurrently instead of consecutively as ordered by lower Court Order being to his benefit, accused, held, not aggrieved.

Art. 98-Writ proceedings-Admission of evidence-No-confidence resolution passed against Chairman, Town Committee-Resolution voted for by member alleged to have not taken oath of office-Document regarding administration of oath vehemently alleged as forged-Resolution challenged as without lawful authority and of no legal effect Court, in circumstances, allowed production of evidence on point and examination of petitioner by his counsel.