| Citation(s) |
|---|
| 1972 SLG 46 1972 SLD 46 1972 PLD 84 |
Supreme Court of Pakistan
Civil Appeals Nos. K-89, K-90 and K-91 of 1964, decision dated: 15th December 1971. dates of hearing : 30th, 31st August, 1st and 2nd September 1971
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD AND SALAHUDDIN AHMED, JJ
Riaz Hashmi, Advocate Supreme Court instructed by Ali Akbar, Advocate-on-Record for Appellants (in all the Appeals). S. M. Sadiq, Advocate Supreme Court instructed by G. A. Memon, Advocate-on-Record (Absent) 1-7 (in C. As. Nos. K-89 and K-90 of 1964). A.H
Civil Appeals Nos. K-89, K-90 and K-91 of 1964, decision dated: 15th December 1971. dates of hearing : 30th, 31st August, 1st and 2nd September 1971
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD AND SALAHUDDIN AHMED, JJ
Riaz Hashmi, Advocate Supreme Court instructed by Ali Akbar, Advocate-on-Record for Appellants (in all the Appeals). S. M. Sadiq, Advocate Supreme Court instructed by G. A. Memon, Advocate-on-Record (Absent) 1-7 (in C. As. Nos. K-89 and K-90 of 1964). A.H
Civil Appeal No. K-89 of 1964 Mir BALUCH KHAN AND others
VS
Mst. LAL BIBI AND others Civil Appeal No. K-90 of 1964 Mir BALUCH KHAN AND others vs Mir IBRAHIM KHAN AND OTHERS Civil Appeal No. K-91 of 1964 Mir BALUCH KHAN AND others vs Mir SHAHBAZ
Law:
Section:
(a) Constitution of Pakistan (1962), Art. 58(3)-Civil petition for special leave to appeal granted where properties in suit were of high value and intricate questions of law including questions of interpretation of Constitutional instruments were involved. (b) Sovereign-Suit against-British concept that sovereign can do no wrong and cannot be sued in Municipal Court in iris own domain-Alien to Muslim Shariat Law. The Muslim Shariat does not embrace the concept of the British common law that a sovereign can do no wrong and cannot be sued in a municipal Court in his own domain. On the contrary in Shariat a sovereign can be sued in the Court of a Qazi and like any other citizen is subject to his jurisdiction and bound to carry out any decree or order passed against him by the Qazi. (c) Dastur-ul-Amal Diwani (Kalat)-Provisions of, governed trial of civil suits throughout States of Kalat, Lasbella, Mekran and Kharan after creation of Baluchistan States Union to 1952--No provision in Dastur under which a Ruler could not be sued in Municipal Court within Union. After the creation of the Baluchistan States Union in 1952, Dasturul Amal Diwani governed the trial of civil suits throughout the States of Kalat, Lasbella, Makran and Kharan. There was no provision in the Dastur under which a Ruler could not be sued in a Municipal Court within the Union. Nor was any such privilege conferred on the Rulers by the Covenant of Merger of 1952. None of the Rulers of the Merged States of Balochistan States Union, was, therefore, immune from being sued in the Court of the Qazi. No reliance could be placed on section 86 of the Baluchistan States Union (Interim Constitution) Act, 1952 which never came into force because the Central Government had never given approval to it which was a pre-condition for its enforcement. (d) Civil Procedure Code (V of 1908), Ss. 86 & 87-A [as amended by Code of Civil Procedure (Amendment) Ordinance (XI I of 1960)], read with Central Laws (Statute Reform) Ordinance (XXI of 1960), Ss. 3 & 4 and Dastur-of Amal Diwani (Kalat)- Suits and appeals filed against Ruler of Kharan prior to 9-6-60 (i.e. coming into force of Ordinance (XXI of 1960)-Governed…
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