MANGLI vs Mst. SUHAGI AND Other
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, challenging the High Court's dismissal of a writ petition on the ground that the petitioner had previously pursued the matter through a civil suit up to the second appeal stage. The core legal question is whether a writ petition is barred when the prior civil suit failed solely due to a lack of civil court jurisdiction rather than on the merits. The Supreme Court held that the High Court's view that no writ petition could be entertained in such circumstances was open to grave question, as the suit was not dismissed on merits. Consequently, the Court granted leave to appeal to examine the matter, laying down the principle that the dismissal of a civil suit on jurisdictional grounds does not necessarily preclude the entertaining of a constitutional writ petition.
- Does the dismissal of a civil suit on the ground of lack of jurisdiction bar a subsequent writ petition?
- Can a writ petition be entertained when the petitioner previously agitated the matter in civil courts up to a second appeal?
ORDER
1. S. A. RAHMAN, J.-Leave to appeal is granted in this case to consider the contention raised on behalf of Mangla the petitioner, that the High Court committed an error in rejecting the petition for a writ, merely on the ground that the petitioner had previously agitated the matter by way of a suit, and had failed in that suit right up to the stage of second appeal in the High Court. It is pointed out by Mr. Gul Muhammad, on behalf of the petitioner, that the suit failed not on the merits, but on the ground that the civil Courts had no jurisdiction to decide the dispute. In the circumstances the learned Counsel contended with force, that the view that prevailed in the High Court that no writ petition could be entertained in the circumstances, was open to grave question.
2. The point is of general importance and merits consideration.
3. We grant leave to appeal as prayed. The petitioner will furnish security in the sum of Rs. 1,003 for costs prior to the appeal being set down for hearing.