TAUSIF AHMED vs MUHAMMAD WAKEEL S — 2023 PLD 132 ISLAMABAD

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TAUSIF AHMED VS MUHAMMAD WAKEEL S. 33 & O. XX, R. 6---Consolidated suits---Separate decrees---Scope---Where two or more suits have been consolidated and disposed of through a common judgment, all trial court must draw up separate decree sheets with all the material particulars. Citation Name: 2023 PLD 132 ISLAMABADBookmark this Case TAUSIF AHMED VS MUHAMMAD WAKEEL Vol. V, Chap. I, Pt. A, R. 9---Office objection---Scope---Petitioner sought extension in time for removal of office objection---Factual position of the case was that two suits were pending before Civil Court, which were decided through a consolidated judgment and single decree sheet was prepared, which was in violation of the dictum laid down in "Zahid Zaman Khan and others v. Khan Afsar and others" [PLD 2016 Supreme Court 409]---Act of the court shall not prejudice anyone, hence failure to draw up separate decree sheets did not prejudice the appellant in any way---One appeal against decision of two suits was permissible but two separate decree sheets were to be appended---Application was allowed. Citation Name: 2023 PLD 132 ISLAMABADBookmark this Case TAUSIF AHMED VS MUHAMMAD WAKEEL Vol. V, Chap. I, Pt. A, R. 9---Office objection---Scope---High Court while hearing an objection case is performing an administrative function and only after an office objection is overruled, the case is matured on the judicial side and formally enters the area of the jurisdiction of the Court accordingly. Citation Name: 2023 PLD 132 ISLAMABADBookmark this Case TAUSIF AHMED VS MUHAMMAD WAKEEL Vol. V, Chap. I, Pt. A, R. 9---General Clauses Act (X of 1897), S. 21---Office objection---Power to make, include power to add to, amend, vary or rescind orders, rules or bye¬laws---Scope---Proceedings before the administrative judge are not judicial rather the same are administrative in nature---In such proceedings, absence of power of review is not impediment to recall any earlier order if it is found to be contrary to law; resort can be made to S. 21 of the General Clauses Act, 1897, which provides that the authority, competent to pass an order even in absence of expressed provision, can also revoke, rescind or recall the same until the decisive act is taken.

TAUSIF AHMED vs MUHAMMAD WAKEEL S — 2023 PLD 132 ISLAMABAD

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