MUSHTAQ AHMED vs FEDERATION OF PAKISTAN through Secretary Ministry of Religious Affairs and Interfaith Harmony

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MUSHTAQ AHMED VS FEDERATION OF PAKISTAN through Secretary Ministry of Religious Affairs and Interfaith Harmony, Islamabad art.199---Qanun-e-Shahadat (10 of 1984), art.114---Civil Procedure Code (V of 1908), O.II R.2---Constitutional jurisdiction of High Court---Scope---alternate remedy, availing of---Principles of exhaustion and election of remedy---Scope---Principles of estoppel and res judicata, applicability of---Issuance of notice on account of default in payment of rent of shops purchased by petitioner---Upon filing a suit, injunctive order was passed by Civil Court---Contention of the petitioner was that respondents were trying to dispossess the petitioner from the shops, therefore, he sought implementation of injunctive order of Civil Court through constitutional petition---Validity---If petitioner was dispossessed from the subject property, then he might have filed a contempt petition before the Court that had passed the restraining order, or a suit under S.9 of the Specific Relief act, 1877, instead of filing a constitutional petition under art.199 of the Constitution---Principle of exhaustion is not merely a procedural formality but a mandatory rule of jurisdictive prudence, which falls under art.199 of the Constitution---Once an election is made and a judicial path is chosen a litigant is precluded from initiating subsequent proceedings to seek relief or remedy that contradicts the claims or remedies that could have been pursued through the initial action---Such principle is known in jurisprudence as the 'Doctrine of Election', which is extrapolated from the established legal tenets of waiver or the voluntary relinquishment of a known right, claim, privilege or relief, as encapsulated in O.II, R.2, C.P.C., the doctrine of estoppel as enshrined in art.114 of the Qanun-e Shahadat, 1984, and the doctrine of res judicata as enunciated in S.11, C.P.C. and its accompanying explanations---Constitutional petition was dismissed accordingly.

MUSHTAQ AHMED vs FEDERATION OF PAKISTAN through Secretary Ministry of Religious Affairs and Interfaith Harmony, Islamabad art — 2024 CLC 1917 KARACHI-HIGH-COURT-SINDH

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