CHIEF EXECUTIVE, PESCO DEPARTMENT, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR vs AFNAN KHAN S

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CHIEF EXECUTIVE, PESCO DEPARTMENT, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR VS AFNAN KHAN S. 5---High Court (Lahore) Rules and Orders, Vol. V, Chapt. 1, Pt. A, R. 9-A---Civil Procedure Code (V of 1908), S. 115---Civil revision before the High Court re-submitted after Office objection---Limitation and procedure---Civil revision was filed in the High Court within time but was returned by the Office with certain objections to be complied with and to be re-submitted within the time allowed by the Office---Civil revision was submitted beyond the period allowed by the Office---Held, that Office had to follow R. 9-A of Part A, Chapter 1, Volume V of the High Court (Lahore) Rules and Orders, however the same was not done in the present case, in that, notice was not affixed on the notice board and further, the case was not fixed for hearing as a motion case about which the appellant may have been put on notice---Civil revision came up for hearing before a Bench of the High Court and it proceeded to pass the impugned judgment dismissing the same without adverting at all to the question as to what has transpired in filing of the civil revision and how the Office of the Court and the Court acted and dealt with the same for which provision had been made in the High Court (Lahore) Rules and Orders---Impugned judgment of High Court was set-aside and the matter was remanded to the High Court for deciding the civil revision afresh in accordance with law --- Appeal was allowed accordingly. Citation Name: 2021 SCMR 2100 SUPREME-COURTBookmark this Case CHIEF EXECUTIVE, PESCO DEPARTMENT, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR VS AFNAN KHAN O. XXIX, R. 1 & S. 115---Civil revision, filing of---Resolution of Board of Directors of company---Whether required---Held, that in the present case civil revision was not filed by the Company rather it was filed by the Chairman, WAPDA and Chief Executive, PESCO and these were the two authorities who were also impleaded by the respondent as defendants in the suit---Once the respondent himself had chosen to make a specific designation in the organization/company as party to the suit and not the organization/company, the objection with regard to filing of the resolution by the Company could not be justifiably raised or on that basis the civil revision filed by the appellant could not have been dismissed---Impugned judgment of High Court was set-aside and the matter was remanded to the High Court for deciding the civil revision afresh in accordance with law---Appeal was allowed accordingly.

CHIEF EXECUTIVE, PESCO DEPARTMENT, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR vs AFNAN KHAN S — 2021 SCMR 2100 SUPREME-COURT

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