Law: Constitution of Pakistan, 1973

Section: 199

Law: High Court (Lahore) Rules and Orders

Section: 9

High Court (Lahore) Rules and Orders--- ----Vol. V, R. 9---Constitution of Pakistan, Art. 199 ---Constitutional petition filed before the High Court---Maintainability---Deputy Registrar (Judicial) of the High Court, powers of---Scope---Question as to whether the Deputy Registrar (Judicial) of the High Court was competent to raise any objection with regard to maintainability, locus standi competence of a petition; held, that R. 9 of Vol. V of High Court (Lahore) Rules and Orders gave powers to the Deputy Registrar (Judicial) to return a petition for amendment or for making up a deficiency or for filing the requisite documents within a specified time---Intent behind such rule qua assigning the duty of scrutiny to the executive staff (Deputy Registrar-Judicial) was that burden of judicial work upon the Judges may not enhance due to petty matters---High Court directed that keeping in view the spirit of Rule 9, if there was any ambiguity qua maintainability of the petition filed before the Office (of the High Court), instead of returning the same, it shall be placed before the (High) Court for its evaluation---Constitutional petition was disposed of accordingly. THIS JUDGMENT DELIVERED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.---- CM No. 1/25245/2015 Through the instant petition filed in terms of Section 151, C.P.C., learned counsel seeks permission to adjoin additional grounds with regard to provisions of Rule 9(i) and (ii) of High Court Rules and Orders Volume-V in the following terms:-- "9(i) The Deputy Registrar (Judicial) is authorized to return memorandum of any suit, appeal or petition or application etc. (a) If it is not maintainable under any law or (b) If it is not properly constituted or (c) If it contains scandalous or objectionable language or material or (d) If it is not drawn up in conformity with the foregoing directions or (e) For amendment making up to the deficiency or for filing requisite document within the time to be specified in the Objection Memorandum Appendix I(a), 1(b) & 1(c). 9(ii) The order of the Deputy Registrar (Judicial) returning the memorandum of any suit appeal petition or application may be challenged before the Chief…

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