Law:

Section:

(a) Administration of justice-- ---Technicalities, unless insurmountable, should not come into the way of the administration of justice. Muhammad Anwar Khan v. Riaz Ahmed PLD 2002 SC 491 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 75---Constitution of Pakistan (1973), Art.185(3) --- Appointment of commission-: -Distribution of standing crops---Suit had already been disposed of and only contempt application and application for vacation of stay order were pending---Petitioner had deprived the respondents from the fruits of disputed land for the last more than two decades by adopting technicalities---Suit filed by the respondents was decreed by High Court in the year 1995, and till date no share of income had been paid to them---Appellate Court appointed commission for distribution of standing crops between the parties---Such order of the Appellate Court was assailed before High Court in exercise of Constitutional jurisdiction--­High Court dismissed the Constitutional petition and order of appointment of commission was maintained---Validity---High Court had rightly stated that such-like determination did not warrant interference in discretionary and equitable jurisdiction and the commission was rightly appointed to make fair distribution of crops among the parties---Leave to appeal was refused by the Supreme Court. The General Manager of the Raj Durbhunga under the Court of Wards v. Maharajah Coomar Ramaput Singh 14 MIA 605 = 17 WR 459 = 10 BLRPC 294 = 2 Soth PCJ 575 3 Sar. PCJ 117 ref. JUDGMENT TANVIR AHMED KHAN, J:--Leave to appeal is sought against the judgment dated 2-10-2003 whereby a learned Single Judge of the Lahore High Court, dismissed the .Constitutional petition filed by the petitioner. This case has got a chequered history and this very matter has come up before this Court in the second round of litigation. 2. Facts briefly which gathered from this petition are that a land measuring 39 Acres was allotted to the petitioner, her sister and her brother-respondent No. l-Munshi Khan. The latter attorned and executed a registered General Power of Attorney in favour of the husband of the sister of petitioner who in turn made a gift of land in favour…

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