Pakistan Case Law
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1995 SCMR 1218
[Supreme Court of Pakistan]
Present: Sajjad Ali Shah, CJ. and Fazal Ilahi Khan, JJ

Miss GHAZALA SAEED Versus SECRETARY, LABOUR AND MANPOWER DEPARTMENT

Civil Petition No,38 of 1995, decided on 14th February, 1995.
Result: Order accordingly.
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Summary

This petition for leave to appeal was filed before the Supreme Court of Pakistan. During the proceedings, the petitioner's counsel requested to withdraw the petition, stating an intention to pursue an Intra-Court Appeal in the High Court instead. The counsel explained that the Intra-Court Appeal remedy had not been previously availed due to the court's vacation period, which had since concluded. Consequently, the Supreme Court dismissed the petition as not pressed, granting the petitioner liberty to pursue the appropriate legal remedy available under the law in the High Court. The judgment establishes the principle that a petitioner may withdraw a petition before the Supreme Court if they intend to exhaust alternative, more appropriate remedies, such as an Intra-Court Appeal, which were previously unavailable due to procedural circumstances like court vacations.

Questions settled in this judgment
  • Can a petitioner withdraw a Supreme Court petition to pursue an Intra-Court Appeal in the High Court?
  • Is a petition dismissible as 'not pressed' when the petitioner intends to pursue an alternative legal remedy?
Intra-Court Appealwithdrawal of petitionnot pressedalternative remedyHigh Court jurisdiction

ORDER

Malik Rab Nawaz Noon, learned counsel for the petitioner, states that he does not wish to press this petition for the reason that he has remedy of Intra-Court Appeal in the High Court, which was not availed as there was vacation, and now since the vacation is over, he proposes to file an Intra- Court appeal. In the result, this petition is dismissed as not pressed and he is allowed to seek remedy as permitted by the law.

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