Rouque Martin D'Mello vs Federation of Pakistan through Secretary Ministry of Housing and Works Islamabad Ss

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Rouque Martin D'Mello VS Federation of Pakistan through Secretary Ministry of Housing and Works Islamabad Ss.19(1) & 17(2)---Law Reforms Ordinance(XII of 1972), S. 3---Civil Procedure Code (V of 1908), O.XXXIX, R.2(3), Ss.94(c) & 151---Constitution of Pakistan, Art.204---Issuance of contempt notice---Suit for declaration, permanent injunction and cancellation of license of school operations in residential area---Passing of injunctive order in two parts i.e. firstly by suspending the license and secondly by suspending the school operations---Operation of first part of injunctive order was suspended by the Appellate Court---Respondents/plaintiffs filed application under O.XXXIX, R.2(3), Ss. 94(c) & 151, C.P.C., along with another application---Contempt notice was issued to the appellants/defendants---Contention of the appellants was that Court had no jurisdiction to initiate contempt proceedings against whom no case of contempt was made out---Validity---Contention of the petitioner that the application was filed under O. XXXIX, Rule 2(3) read with Ss.94(c) & 151, C.P.C., and the show-cause notice was issued under a different law, was far-fetched---Invocation of the Contempt of Court Ordinance, 2003, before the defence of the appellants was taken and considered by the Single Judge, was a premature question---Issuing a show-cause notice under the Ordinance would not cause prejudice to the rights likely to be determined by the Single Judge---Contemnors/ appellants were given the opportunity to file their respective replies against the accusations and allegations raised in the contempt application---Nomenclature of the application itself would not take away the jurisdiction being exercised by the Single Judge---Text of the application itself showed that the respondents/plaintiffs of the suit had prayed for proper proceedings required under the law, which could include the relevant contempt laws as found applicable---Appellants were well within their right to respond to the show-cause notice by raising questions as to whether the competence of the show-cause issued under the Contempt of Court Ordinance, 2003 and Art. 204 of the Constitution was proper---Question of jurisdiction itself was sub-judice before the Single Judge and he retained competence to decide such issue---Appeal stood disposed of accordingly.

Rouque Martin D'Mello vs Federation of Pakistan through Secretary Ministry of Housing and Works Islamabad Ss — 2025 MLD 49 KARACHI-HIGH-COURT-SINDH

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