Through this application under section 151, C.P.C. the petitioner/applicant seeks expungment of remarks passed by this Court while accepting the Writ Petition No,17313 of 1999 vide judgment dated 24-1-2000.
2. Learned counsel for the petitioner/applicant contends that the petitioner was not heard before the passing of the order and the remarks passed against him which are against the principle of natural justice are liable to be expunged. He relied upon Sarwar's case (1988 SCM R 826) and Malik Feroze Khan Noon's case (PLD 1958 SC (Pak.) 333).
3. On the other hand learned counsel appearing on behalf of the writ petitioner opposed the grant of this application on the ground that the application is not maintainable under section 151, C.P.C. and review petition could be filed. It is further contended that the writ petitioner was involved in a criminal case with mala fide intention hence the observations have been rightly made by the learned Judge in its judgment which cannot be interfered with.
4. I have heard the learned counsel for the parties at length. Admittedly the applicant was not heard at the time of hearing of the main writ petition. Order has been passed on the back of the applicant and some observations have been made against the applicant. Nobody can be condemned un- heard. The remarks in the impugned judgment against the applicant are against the principle of natural justice hence the remarks passed in the impugned judgment shall not be read and shall not be made basis for any proceeding in future against the applicant. However, writ petitioner will be at liberty to prove the allegations in accordance with law before the relevant