Order without any legal and lawful justification and without any basis is nothing but an act of mala fide, therefore, the objection of the learned counsel for the petitioners that under sections 29 and 31 of the Act the suit was not maintainable,

9. Reference may be made to Chairman, Board of Intermediate and Secondary Education and 2 others Versus Muhammad Umair (2016 YLR 2435) wherein it is held as under:

 “The Board has given no reason whatsoever as to how the register having entry of date of birth of the respondent was bogus one. It is held that passing such like order without any legal and lawful justification and without any basis is nothing but an act of mala fide, therefore, the objection of the learned counsel for the petitioners that under sections 29 and 31 of the Act the suit was not maintainable, is repelled. It is a settled principle of law that civil courts are the courts of plenary jurisdiction where the rights of any one are infringed, a civil court has ample jurisdiction to adjudicate upon the matter, within the framework of law.” (emphasis supplied)

 Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE. JUDICIAL DEPARTMENT

Writ Petition-Miscellanous-Civil Suit
30622-14

2017 LHC 2371