| Citation(s) |
|---|
| 2011 SLG 397 2011 SLD 397 2011 SCMR 1519 |
Supreme Court of Pakistan
Civil Petition No. 275-L of 2008, decision dated: 16-06-2011. (Against order dated 25-2-2008 of Lahore High Court, Lahore, passed in FAO No. 14 of 2000)
MUHAMMAD SAIR ALI AND KHILJI ARIF HUSSAIN, JJ
Shahid Mubeen, Additional A.G. and Nazar Hayat, SDO for Petitioners. Nemo for
Respondent
Civil Petition No. 275-L of 2008, decision dated: 16-06-2011. (Against order dated 25-2-2008 of Lahore High Court, Lahore, passed in FAO No. 14 of 2000)
MUHAMMAD SAIR ALI AND KHILJI ARIF HUSSAIN, JJ
Shahid Mubeen, Additional A.G. and Nazar Hayat, SDO for Petitioners. Nemo for
Respondent
PROVINCE OF PUNJAB and others
VS
Messrs AKHTAR AND CO.
Law: West Pakistan Civil Courts Ordinance (II of 1962)
Section: 17,18
Law: West Pakistan Civil Courts Ordinance (II of 1962)
Section: 17,18
Law: Constitution of Pakistan, 1973
Section: 185(3)
West Pakistan Civil Courts Ordinance (II of 1962)--- ----Ss. 17 & 18---Constitution of Pakistan, Art. 185(3)---Appeal---Pecuniary jurisdiction---Plea raised by authorities was that in question was corm non judice and suffered from absence of pecuniary jurisdiction---Leave to appeal was granted to consider the plea raised or any other question which would arise at the time of hearing of appeal. Aziz-ur-Rehman v. Ahmed Khan 2004 SCMR 1622 ref. ORDER MUHAMMAD SAIR ALI, J.----The contention of learned Additional Advocate-General, Punjab, is that FAO No.14 of 2000 before the High Court was not maintainable because of absence of pecuniary jurisdiction; which was amended in 2002, while the FAO was decided on 25-2-2008. The impugned judgment is, thus, corani non judice and suffers from absence of pecuniary jurisdiction. In support of his contention, he has placed…
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