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2002 YLR 3126

CHAIRMAN, HOUSE BUILDING FINANCE CORPORATION vs ABDUL REHMAN and

Citation2002 YLR 3126
CourtLahore High Court
Case No.Intra-Court Appeal No, 7 of 2001/BWP
Date2001-02-26
Judge(s)Ghulam Mahmood Qureshi, Sh. Abdul Razzaq
ResultOrder accordingly

ORDER

SHAIKH ABDUR RAZZAQ, J.---Instant I.C.A. is directed against the order dated 2-2-2001 passed in Writ Petition No,506 of 2001 filed by writ petitioner/respondent No,1 against the appellant as well as respondent No,2.

2. A perusal of the impugned order reveals that while disposing the said writ petition, it was directed that the writ petitioner/respondent No,1 shall appear before the appellant with a written application containing his contentions and the appellant shall render him accounts, extend benefit of any incentive scheme and then to dispose of the matter keeping in view the dictum laid down in Dr. Aslam Khaki's Case (PLD 2000 SC 225).

3. The grievance of the, appellant is that writ petitioner/respondent while filing the writ petition did not disclose that a suit for the recovery of amount had already been filed against him by the appellant. He further submits that he will be satisfied if the instant I.C.A. is disposed of with an observation that order dated 2-2-2001 shall not affect the final adjudication of the suit filed by the appellant against the writ petitioner/respondent No, 1.

4. There is no doubt that writ petitioner/respondent No,1 has not disclosed the fact uni of suit having been filed against him by the present appellant. Accordingly, the request of the appellant is genuine that order dated 2-2-2001 shall not affect the final adjudication of the said suit.

Accordingly, we direct that order dated 2-2-2001 passed in writ petition aforementioned shall not have any bearing on the final adjudication of the suit filed by the appellant against the writ petitioner/respondent No, 1.

5. With this observation, the instant I.C.A. stands disposed of.

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