Application filed by the plaintiff containing a prayer which had been found to be just by the learned Courts below, therefore, does constitute malice in law and consequently the learned Courts below were vested with the jurisdiction to come to the aid of the respondent.

10. In this regard, reference has been made to Board of Intermediate and Secondary Education, Lahore through Chairman Versus Sardar Ghias Gul Khan (2001 YLR 729). The relevant portion of the said judgment is reproduced as under: 

“Inaction on the part of the Board coupled with non-application of mind to the application filed by the plaintiff containing a prayer which had been found to be just by the learned Courts below, therefore, does constitute malice in law and consequently the learned Courts below were vested with the jurisdiction to come to the aid of the respondent.”

  Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE. JUDICIAL DEPARTMENT

Writ Petition-Miscellanous-Civil Suit
30622-14

2017 LHC 2371