AL-ZAHID HEAVY EQUIPMENT through Zahid Hussain vs PAKISTAN RAILWAYS O — 2022 MLD 1143 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 1143 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: AL-ZAHID HEAVY EQUIPMENT through Zahid Hussain vs PAKISTAN RAILWAYS O
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AL-ZAHID HEAVY EQUIPMENT through Zahid Hussain VS PAKISTAN RAILWAYS O.XXIII, R.1---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Alternate remedy---Proceedings before Civil Court---Withdrawal of proceedings---Effect---Petitioner assailed proceedings of tender floated by authorities---Earlier the matter was assailed before High Court in other province but the proceedings were withdrawn---Subsequently matter was laid down before Civil Court, which after interim order was challenged before Lower Appellate Court who struck down the injunction order so rendered by Civil Court---Such order of Lower Appellate Court led the path for authorities for withdrawal of Award Certificate with direction to leave premises and let petitioner to apply a fresh participant in fresh bidding process--- Validity---Provisions of O.XXIII, R.1, C.P.C. excluded a person from instituting a fresh suit in respect of same subject matter--- High Court declined to interfere in the matter by entertaining Constitutional petition when on the same point civil suit was pending--- Constitutional petition was dismissed, in circumstances. Head NotesCase Description

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