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MUHAMMAD SAEED KHAN vs Malik MUHAMMAD ASHRAF arts — 2022 PLD 17 SUPREME-COURT

Case information

Citation
2022 PLD 17 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLD
Parties
MUHAMMAD SAEED KHAN vs Malik MUHAMMAD ASHRAF arts
Subject matter
Constitutional

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

MUHAMMAD SAEED KHAN VS Malik MUHAMMAD ASHRAF arts. 185 & 199---Pro forma respondent in a Constitutional petition dismissed by the High Court---Whether such respondent could competently file a petition for leave to appeal before the Supreme Court against the dismissal of the Constitutional petition by the High Court---Held, that an aggrieved party could file an appeal or a petition for leave to appeal, whichever was maintainable, before the Supreme Court under art. 185 of the Constitution---If any person was a formal party as respondent before the High Court against whom no relief was claimed and the Constitutional petition before the High Court was allowed even then the said formal respondent had no right to challenge the order of the High Court before the Supreme Court if the order did not prejudicially or adversely affect that person---In the present case, the petitioner was a respondent before the High Court in the Constitutional petition; he never challenged the order of the appellate authority or order of Excise and Taxation Officer/Motor Registering authority before the High Court--- If petitioner was aggrieved by the orders of the appellate authority or Excise and Taxation Officer/Motor Registering authority he was required to challenge the same before the available forum or the High Court in Constitutional jurisdiction and thereafter if his petition was dismissed by the High Court he would have been entitled to challenge the said order before the Supreme Court--- By no stretch of imagination, it could be said that petitioner was aggrieved by the order of the High Court when the Constitutional petition filed by another person was dismissed by the High Court.

Other judgments reported in 2022 PLD

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