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Petitioner: GOVERNMENT OF PUNJAB through the Secretary Communication and Works Department, Lahore and others VS Respondent: ASHERS TRADING CONSTRUCTION CO, and others
Court Name: Supreme Court of Pakistan Judge(s):Iftikhar Muhammad Chaudhry, Rana Bhagwan Das, Sardar Muhammad
Raza Khan Title:GOVERNMENT OF PUNJAB through the Secretary Communication and Works Department, Lahore and others vs ASHERS TRADING CONSTRUCTION CO, and others Case No.:Civil Miscellaneous Application No,467 of 2002 Civil Petition No,349 of 2002 F.A.O. No,42 of 1997 Date of Judgment:2002-04-09 Reported As: 2002 SCMR 1070 Result: Leave granted Judgment ORDER ' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 3rd December, 2001 passed by Lahore High Court, Rawalpindi Bench, Rawalpindi whereby F.A.O. Filed by petitioners has been dismissed. 2. We have heard the learned counsel for petitioners and have also gone through the record of the case. 3. Leave to appeal is granted inter alia to examine as to whether petitioner-Government of Punjab has been non-suited on account of non-filing of three appeals against three separate awards dated 2nd May, 1995, p contrary to the principle of law pronounced by this Court in the case of (Haji) Syed Ainullah v. Abdul Rashid (1985 SCM R 1991), wherein it has been held that when a consolidated judgment has been passed in more than one matter then single appeal/petition is competent. However, the Court can treat it as an appeal/petition in all cases and can also direct the appellant(s)/petitioner(s) for making payment of additional court-fee in respect of their petitions, which have not been filed. ' C.M.A. No,467 of 2002. Subject to notice to respondent, this C.M.A. Is, allowed and operation of the impugned order Is suspended.