GOVERNMENT OF PUNJAB through the Secretary Communication and Works Department, Lahore and others vs ASHERS TRADING CONSTRUCTION CO, and others
This petition for leave to appeal is directed against the judgment dated 3rd December, 2001 passed by the Lahore High Court, Rawalpindi Bench, whereby the First Appeal from Order (F.A.O.) filed by the petitioners was dismissed. The core legal question before the Supreme Court is whether the petitioner-Government of Punjab was rightly non-suited for failing to file three separate appeals against three distinct awards, contrary to established legal principles. Granting leave to appeal, the Supreme Court held that when a consolidated judgment is passed covering multiple matters, a single appeal or petition is competent, and the court possesses the discretion to treat such filing as an appeal in all connected cases while directing the payment of any requisite additional court-fee. The key principle laid down is that procedural technicalities regarding multiple appeals against consolidated awards should not defeat substantive justice where a single petition can be appropriately regularized by the court.
- Whether a single appeal or petition is competent when a consolidated judgment has been passed in more than one matter?
- Can an appellate court treat a single petition as filed in all connected cases arising from consolidated awards?
- Does the non-filing of separate appeals against multiple awards warrant the outright non-suiting of a petitioner?
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 3rd December, 2001 passed by Lahore High Court, Rawalpindi Bench, Rawalpindi whereby F.A.O. Filed by petitioners has been dismissed.
2. We have heard the learned counsel for petitioners and have also gone through the record of the case.
3. Leave to appeal is granted inter alia to examine as to whether petitioner-Government of Punjab has been non-suited on account of non-filing of three appeals against three separate awards dated 2nd May, 1995, p contrary to the principle of law pronounced by this Court in the case of
(Haji) Syed Ainullah v. Abdul Rashid (1985 SCM R 1991), wherein it has been held that when a consolidated judgment has been passed in more than one matter then single appeal/petition is competent. However, the Court can treat it as an appeal/petition in all cases and can also direct the appellant(s)/petitioner(s) for making payment of additional court-fee in respect of their petitions, which have not been filed.
' C.M.A. No,467 of 2002. Subject to notice to respondent, this C.M.A. Is, allowed and operation of the impugned order Is suspended.