MUHAMMAD ISLAM KHAN vs ISLAMABAD CLUB O — 2023 YLR 1387 ISLAMABAD

Case information

Citation: 2023 YLR 1387 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD ISLAM KHAN vs ISLAMABAD CLUB O
Subject matter: Civil
Provisions referred to: Civil Procedure Code

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 ISLAM KHAN VS ISLAMABAD CLUB O.XXI, R.1---Constitution of Pakistan, Art. 199--- Constitutional petition---Maintainability--- Unconditional with-drawal of civil suit---Non-statutory rules---Effect---Petitioner was aggrieved of termination of his membership of respondent club---Earlier petitioner assailed same matter before Civil Court and then withdrew his suit unconditionally, thereafter invoked Constitutional jurisdiction of High Court--- Validity--- Petitioner neither applied for grant of permission to file fresh suit, nor Trial Court granted any such permission---On same cause of action, second suit could not be filed---High Court while exercising jurisdiction under Art. 199 of the Constitution in matters pertaining to civil nature can validly and duly resort to provisions of Civil Procedure Code, 1908, which are attracted and applied until and unless such application is excluded by law---Respondent club was a statutory body, but service rules made by the committee of the club were non-statutory---When rules are non-statutory in nature, enforcement through constitutional jurisdiction of High Court was not inconsonance with law and constitutional petition was not maintainable---High Court in exercise of constitutional jurisdiction declined to interfere in the matter--- Constitutional petition was dismissed, in circumstances.

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