Law: West Pakistan Land Revenue Rules, 1968

Section: 19,19(2),25,26

Law: Constitution of Pakistan, 1973

Section: 199

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 164

(a) Practice and procedure-- ----Party cannot be allowed to blow hot and cold in the same breath. (b) Interlocutory order--- ---- Connotation of---Interlocutory order is an order in which no final verdict is pronounced, but an ancillary order is passed with intention to keep same operative till final decision. Habib Bank Ltd. and others v. Syed Zia-ul-Hassan Kazmi 1998 SCMR 60 and United Bank Ltd. v. Ahsan Akhtar and others 1998 SCMR 68 ref. (c) West Pakistan Land Revenue Rules, 1968-- ----R. 19---Lambardar, appointment of---Cause of action---Such matter would be decided between parties on the basis of cause of action, which had accrued to aggrieved party at the time, when action had been initiated. (d) West Pakistan Land Revenue Rules, 1968--- ----Rr. 19(2), 25 & 26---Lambardar, appointment of---Rule of primogeniture-- Applicability---Provisions of Rr. 19(2), 25 & 26 of the West Pakistan Land Revenue Rules, 1968 recognizing appointment of a minor or an incapable person as Lambardar would cease to have effect w.e.f. 1-9-1999, on which date decision of Shariat Appellate Bench of Supreme Court (PLD 1999 SC 484) would take effect---Cause of action had accrued to petitioner w.e.f. 19-11-1983, when his father had died--- Held, such case would be decided as per R.19(2) of the West Pakistan Land Revenue Rules, 1968. Maqbool Ahmed Qureshi v. The Islamic Republic of Pakistan PLD 1999 SC 484 rel. Ghulam Hussain v. Ghulam Muhammad and another 1976 SCMR 75 ref. (e) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 164---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction of High Court to correct error of law committed by Provincial Board of Revenue---Scope---Any error on part of Board of Revenue in understanding the law, in applying the same or in laying down the law, could and must be corrected in Constitutional Jurisdiction--If such error was left uncorrected, then same would result in subverting the rule of law. Haji Noorwar Jan v. Member, Board of Revenue, N.-W.F.P. and others PLD 1991 SC 531 fol. (f) West Pakistan Land Revenue Rules, 1968--- ----R. 19---Lambardar, appointment of---Necessary parties---Cases pertaining to appointment of…

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