Pakistan Case LawSyed IMRAN RAZA ZAIDI Versus GOVERNMENT OF PUNJAB and 2 others
This miscellaneous application before the Supreme Court of Pakistan arose in the context of a pending appeal where the petitioner sought a stay order, which had previously been refused upon the grant of leave. During the proceedings, counsel for both parties reached a consensus that the retention of the original record by the Supreme Court was unnecessary, as the paper books were prepared and relevant documents could be incorporated. Consequently, the Court directed that the record be transmitted back to the Service Tribunal. Furthermore, the parties requested an out-of-turn hearing for the main appeal. Given that the primary relief sought in the application—the stay—was no longer relevant or required in light of the parties' agreement to expedite the hearing of the main appeal, the Court dismissed the application as having become infructuous.
- Can a miscellaneous application for a stay order be dismissed as infructuous when the parties agree to an expedited hearing of the main appeal?
- Is it permissible for the Supreme Court to direct the transmission of the record to the Service Tribunal when paper books are ready?
ORDER
In this miscellaneous application prayer is for grant of stay, which was refused at the time of grant of leave. As the learned counsel for the parties, present in the Court, agree that there is no need of retaining the record as the paper books are ready and documents can be added, hence we direct that the record be sent to the Service Tribunal. Secondly, the counsel for the parties request that the whole appeal can be taken up for hearing out of turn. . In the result this application is dismissed as being infructuous.
Judges on this bench
- Sajjad Ali Shah1,895 judgments
- Irshad Hasan Khan1,063 judgments
- Mukhtar Ahmed Junejo485 judgments