Law: Punjab General Clauses Act, 1956

Section: 2(20)

Law: Punjab Waqf Properties Ordinance, 1979 

Section: 11

Law: Punjab Civil Courts Ordinance, 1962

Section: 6

Law: Civil Procedure Code (V of 1908)

Section: 24

(a) Punjab General Clauses Act, 1956 (III of 1957)-- ----S. 2(20)---”District Judge”---Connotation---District Judge is Judge of Principal Civil Court of original jurisdiction but does not include “Additional District Judge” as of Principal Civil Court of original jurisdiction along with District Judge. (b) Punjab Waqf Properties Ordinance (IV of 1979)--- ----S. 11---Punjab Civil Courts Ordinance (II of 1962), S.6---Civil Procedure Code (V of 1908), S. 24---”District Court”---Scope---Additional District Judge---Jurisdiction---Dispute was with regard to assumption of jurisdiction by Additional District Judge as a District Court---Validity---Additional District Judge, by virtue of S.6(2) of Punjab Civil Courts Ordinance, 1962, was to discharge such functions of a District Judge, as the District Judge assigned him; in discharge of those functions, an Additional District Judge was to exercise same powers as of District Judge but it did not mean that in such way an Additional District Judge could assume status of “District Court” as per contemplation of S.11 of Punjab Waqf Properties Ordinance, 1979---Courts of Additional District Judge and Assistant Judges, under S.24, C.P.C. were deemed to be subordinate to District Court---Term “District Court” used in S.11 of Punjab Waqf Properties Ordinance, 1979, was only relatable to “District Judge”---Additional District Judge was alien to the provisions contained in Punjab Waqf Properties Ordinance, 1979---Such powers and functions vested under S.11 of Punjab Waqf Properties Ordinance, 1979 of a “District Court” could not be bestowed upon him---Only the “District Judge” was competent to adjudicate upon petition under S.11 of Punjab Waqf Properties Ordinance, 1979---High Court declared that all s passed by Additional District Judge were without any lawful authority and jurisdiction and remanded matters to District Judge to decide the petitions afresh---Constitutional petition was allowed, in circumstances. Abdul Samad v. Muhammad Ali and another PLD 1977 Lah. 687 and Administrator, Thal Development through EACO Bhakkar and others v. Ali Muhammad 2012 SCMR 730 ref. Haji Abdullah through his L.Rs. v. Mst. Gohar Sultana and…

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