145/2018 H.C.A Cantonment Board Clifton (Appellant) V/S Nadim Ahmed Ansari (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
145/2018 H.C.A Cantonment Board Clifton (Appellant) V/S Nadim Ahmed Ansari (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 06-DEC-23
Section 273 of the Cantonments Act requiring a notice to be given to CBC before filing a suit against CBC is not unfettered and unqualified. A suit for either declaration or injunctions, etc., are well-regulated under the said provision so long as the civil action is in pursuance of the Act. NAA Consulting Engineers had filed a suit against CBC for compensation for services rendered to CBC which was not in pursuance to the Act. Those civil actions beyond the Act's parameters could not be eclipsed by the bar on suits under Section 273. In the circumstances, Section 273 was not applicable. The In-house Counsel of CBC stepped into the witness box. kept responding to questions put to him in the cross-examination, claiming a lack of awareness of NAA's documents exhibited, including his own documents. In the circumstances, he accepted NAA Consulting Engineers claim against CBC. Appeal allowed and Judgment and Decree confirmed.