Case Details

Citation(s)
2002 SLG 2498 2002 SLD 2498 2002 CLC 409
Lahore High Court
Writ Petition No. 781 of 1991, heard on 24th October, 2001.
TANVIR BASHIR ANSARI, J

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MUSHTAQ AHMED

VS

ATTA MUHAMMAD and others

Law:

Section:

(a) Conciliation Courts Ordinance (XLIV of 1961)--- ----S. 6(2)---Conciliation Courts, jurisdiction of---Parties were residents of two different villages (Chak) of the same area--Matter was decided by the Conciliation Court of the village (Chak) where cause of action had arisen---Validity---Where one of the parties was resident of village (Chak) of the same city or the municipality, it would the concerned Conciliation Court of its power of conciliation party resided within its jurisdiction and the cause of within the limits of such Conciliation Court. (b) Jurisdiction--- ----Challenge to jurisdiction---Principle--If a party has participated in the proceedings of Tribunal and allowed the same to assume jurisdiction, such party could not be allowed to turn around and challenge the jurisdiction when adverse order was passed against the party. (c) Conciliation Courts Ordinance (XLIV of 1961)--- ----S. 6 & Sched., Part I, Sec. B---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Conciliation proceedings---Recovery of sum of Rs.14,000---Jurisdiction of Conciliation Court---Dispute between the parties was decided against the petitioner by the Court and revision petition was also dismissed by the Appellate Court being, time-­barred---Contention of the petitioner was that as there was neither any written document, nor written contract nor any receipt; therefore, the Conciliation Court -had wrongly assumed the jurisdiction in the matter--­Validity---Where claim of the respondent before the Court was in a sum of Rs.14,000 such dispute fell under Part II, Section B of the Schedule to the Conciliation Courts Ordinance, 1961---Revision filed by the petitioner was time-barred and the petitioner made no attempt to justify the delay thus, findings of the Appellate Court regarding the revision being time-­barred was unexceptionable---High Court declined to interfere with the s passed by the Courts below---Constitutional petition was dismissed in circumstances. JUDGMENT This writ petition is directed against the judgment, dated 18-6-1991 passed by the learned Additional District Judge, Bahawalnagar whereby revision under the Conciliation Courts Ordinance,…
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