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Petitioner: ADMINISTRATOR, THAI DEVELOPMENT VS Respondent: MEHBOOB ALI KHAN
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Afzal Zullah, Shafi-ur-Rehman Title: ADMINISTRATOR, THAI DEVELOPMENT vs MEHBOOB ALI KHAN Case No.: Civil Petition No. 949 of 1981 I. C. A. No. 277/81 Date of Judgment:1982-06-21 Reported As: 1983 SCMR 159 Result: Leave granted
Judgment ORDER NASIM HASAN SHAH, J.- Mr. Maqbool Elahi Malik, in support of this petition for leave to appeal, contended inter alia- (a) that declaratory decree cannot be enforced and implemented through the agency of a writ petition Muhammad Yousaf Khan and others v. Pakistan Railway through Vice-Chairman, P. R. And others (1972 SCMR 1) refers ; (b) that in any case, respondent was not entitled to the relief regarding payment of arrears of salary even if a declaratory decree could have been passed by the High Court, and (c) that the view that the Intra-Court Appeal was not competent against the order of the learned Single Judge of the High Court was a misread--ing, misinterpretation and misconstruction of the provision of section 3 of the Law Reforms Ordinance, 1972, as amended by the Law Reforms (Amendment) Act 8 of 1972, keeping in view the nature of the proceedings in question. After hearing the learned counsel for the petitioners and the learned counsel for the Caveator, we consider that these points require further examination. Leave to appeal is, accordingly, granted.