Settled principle of law that constitutional jurisdiction under Article 212(3)

9. It is settled principle of law that constitutional jurisdiction under Article 212(3) is discretionary in character. It is settled law that grant of leave to appeal is discretionary. See Ghulam Qadir Khan’s case (1986 SCMR 1386). It is also settled law that constitutional jurisdiction against void order may be refused if it was meant to enable petitioner to circumvent provisions of law of limitation or if he was estopped by his conduct from challenging of order. See:-- Muhammad Ismail’s case (1983 SCMR 168) Abdul Rshid’s case (1969 SCMR 141) Wali Muhammad’s case (PLD 1974 SC 106) 10. Keeping in view the conduct of the petitioner mentioned herein above in para 10 of the impugned judgment we are not inclined to exercise our discretion in favour of the petitioner on the well known maxim that he who seeks equity must come with clean hands as law laid down by this Court in Nawab Syed Raunaq Ali’s case (PLD 1973 SC 236)”

2011 SCMR 676

Used in Judgment of:

Lahore High Court

WP- Family Law
700-10