Pakistan Case Law
1989 SCMR 1759

Sufi GHULAM MOHYUDDIN vs _ D. S. C., JHELUM

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Citation1989 SCMR 1759
CourtSupreme Court of Pakistan
Case No.Civil Petitions, Nos.304 and 325 to 333 of 1981
Date1988-07-17
Judge(s)Ghulam Mujaddid and Saad Saood Jan
Authored byGhulam Mwaddid
ResultPetitions dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter came before the Supreme Court of Pakistan regarding petitions filed by the petitioners. During the proceedings, counsel for the petitioners informed the Court that despite diligent efforts, they were unable to establish contact with their clients. Simultaneously, counsel for the respondent submitted that the Deputy Settlement Commissioner had issued an order cancelling the land in dispute on the grounds of fraud. Consequently, the respondent argued that the pending petitions had become infructuous. Accepting the submission made by the counsel for the respondent, the Court held that the petitions were rendered infructuous due to the intervening administrative order cancelling the disputed land. The Court accordingly dismissed the petitions. The judgment establishes the principle that where the subject matter of a petition is effectively extinguished or rendered moot by a subsequent administrative order, the petition itself becomes infructuous and is liable to be dismissed.

Questions settled in this judgment
  • Does an administrative order cancelling the land in dispute render a pending petition regarding that land infructuous?
  • Can a petition be dismissed if the counsel is unable to contact the petitioners?
infructuous petitionland disputecancellation of landfraudadministrative order

ORDER

1. ' GHULAM MUJADDID, J.--Ch. Ata Ullah, Advocate, on behalf of Sh. Ghias Mohammad, Senior Advocate, who is counsel in these cases submits that in spite of best efforts, the counsel has not been able to contact the petitioners.

2. Sh. Muhammad Nasim, Advocate, appearing for the respondent in all the cases submits that the Deputy Settlement Commissioner has passed an order cancelling the land in dispute on the ground of fraud. He submits that these petitions as such have become infructuous.

3. ' In view of the submission of learned counsel for the respondent these petitions are dismissed as having become infructuous.

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