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2019 SCMR 1885

PROVINCE OF SINDH through Chief Secretary, Sindh and another vs Messrs

Citation2019 SCMR 1885
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 305-K of 2019
Date2019-08-07
Judge(s)Mushir Alam, Munib Akhtar
ResultPetition dismissed

ORDER.

MUSHIR ALAM, J.---It appears that the suit filed by the respondent was decided vide judgment dated 5.5.2017 and decree dated 13.5.2017. The suit was founded on breach of contract and damages. From the record it appears that the remedy was firstly pursued before the Ombudsman which was allowed vide order 10.8.1999, however , the Ombudsman reviewed its order on 12.2.2001, which was maintained by the High Court with the observation that the respondent may avail the remedy before the Civil Court. The civil suit filed before the Court after recording the evidence was partly allowed as noted above. It may be observed that instead of filing an appeal against the judgment and decree as provided for under the Law, the respondent chose to file review under section 114 read with Order XLVII, Rule 1, C.P.C. on 19.8.2019 which review itself was delayed. The review was dismissed which was challenged before the High Court in appeal. The appeal was also dismissed through a well reasoned judgment dated 20.3.2019.

2. Learned Additional A.G. attempted to justify such course however he has no answer to justify filing of the review against the judgment and decree of the learned Single Judge, which shows the level of competence of the Advocate General Office which is run by public money . The contention of the learned Additional A.G. that since the colossal public funds are involved, theref ore, indulgence may be given is not acceptable. It may be observed that the salaries to the Advocate Generals and Assistant Advocate Generals and other officers are paid through public money and it is expected that competent officers are appointed to defend government interest. It is noticed that the officers who come to defend the government case before the Court are not in fact as competent as required to be and when public servants are personally involved in the case the best of the best counsel are engaged. In such view of the matter we are not inclined to give any indulgence. No case for interference is made out. Leave to appeal is declined and the petition is dismissed.

Cited by 1 case

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