| Citation(s) |
|---|
| 2016 SLG 3556 2016 SLD 3556 2016 CLC 1570 |
Supreme Court (AJ&K)
MOHAMMAD AZAM KHAN, CHIEF, JUSTICE AND RAJA SAEED AKRAM KHAN, JUSTICE
Hafiz Fazal-ur-Rehman Dar, Advocate for Appellants. Muhammad Ramzan Dutt, Advocate for
Respondents.
MOHAMMAD AZAM KHAN, CHIEF, JUSTICE AND RAJA SAEED AKRAM KHAN, JUSTICE
Hafiz Fazal-ur-Rehman Dar, Advocate for Appellants. Muhammad Ramzan Dutt, Advocate for
Respondents.
FAZAL HUSSAIN (DECEASED) THROUGH L.RS.-
VS
ALLAH RAKHI AND 4 others-
Law:
Section:
(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- --------S 44---Azad Jammu and Kashmir High Court Procedure Rules, 1984, R.32---Qanun-e-Shahadat (10 of 1984), Art.87---Writ petition before High Court---Requirements---Writ petition should be accompanied by an affidavit verifying the facts relied on, a certified copy of impugned order and at least two copies thereof including annexure if any---Petitioners had annexed photocopy of impugned order with the writ petition before the High Court---Photocopy of a document was not admissible in evidence---Writ petition without certified copy of impugned order was not maintainable---No illegality had been committed by the High Court---Appeal was dismissed in circumstances. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ---------S. 44---Writ petition before High Court---Scope---Appeal from the and decree of civil court would lay as of right before the next higher forum but writ petition would be competent when there was violation of law and rules. THIS JUDGMENT DELIVERED BY: MOHAMMAD AZAM KHAN, JUSTICE:------------------ The above titled appeal by leave of the Court, arises out of the judgment of the High Court dated 22nd November, 2014, whereby writ petition filed by the predecessor-in-interest of the appellants, herein, has been dismissed. 2. The facts necessary for disposal of the instant appeal are that the predecessor-in-interest of the appellants, herein, filed a suit for possession of the land on the basis of right of prior purchase in the Court of Senior Civil Judge, Bhimber, in respect of the land bearing khewat No.78, khata No.708, khasra No.1143, village Gorsian, measuring 1 kanal, 15 marlas. During pendency of the suit, the plaintiff moved an application before the trial Court alleging therein, that he wants to summon Sub-Postmaster, Jatlan, along with the concerned register pertaining to the entries dated 04.05.2010. The learned trial Court after hearing the parties vide order dated 12.12.2011, dismissed the application. Feeling aggrieved, the plaintiff, predecessor-in-interest of the appellants, herein filed a revision petition before the District Judge, Bhimber on…
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