Law: Dastoorul Amal Diwani, Kalat

Section: 7, 11, 22, 24

Law: Civil Procedure Code (V of 1908)

Section: 100

  (a) Dastoor ul Amal Diwani, Kalat, S. 24 and Civil Procedure Code (V of 1908), S. 100-Second appeal-Restrictions embodied in S. 100, C. P. C.---Not mentioned in S. 24 of Dastoorul Amal---Appeal thereunder competent on questions other than questions of law. Arbab Qadir Bakhsh and others v. Roshan and another P L D 1966 Quetta 44 ref. (b) Dastoorul Amal Diwani, Kalat, S. 7--Issues, framing of ---Requirements of S. 7-Not mandatory-Non-compliance therewith does not necessarily vitiate trial and decision-Presiding Officer not framing issues before transmitting record to Kazi for trial-Kazi, before proceeding with trial, framing issues and no prejudice alleged by either party-Technical non-compliance with requirements of S. 7-Held, of no consequence, in circumstances of case. Dost Muhammad and another v. Rais Satik and another P L D 1962 Quetta 82 ref. (c) Dastoorul Amal Diwani, Kalat, S. 22-Rule of decision in trial by Kazi and in appeals arising there out-Held, shariat and nothing else. Section 22 of Dastoorul Amal Diwani, Kalat, makes it very clear that a Kazi is required to decide a civil matter brought before him in accordance with Shariat. No departure is either envisaged or provided for. In consequence, once the matter reaches the Kazi the rule of decision in trial, and in appeals aris ing out of the decisions of the Kazi, is Shariat and nothing else. (d) Dastoorul Amal Diwani, Kalat, Ss. 7, 11 & 22-Analysts and application-Language of Ss. II & 22-Held, permissive and enabling and concerning procedure of Court in civil litigation. Reading sections 22 and 11 together one comes to the con clusion that cases involving customary rights or where the parties are non-Muslims, whatever be the subject-matter of litigation, are diverted to the Jirga while all other cases, pass on to the Kazi who is required to decide them according to Shariat. Section 11, independently considered, enjoins upon the Presiding Officer to make an attempt at the very initial stage, after procuring attendance of the parties, to have the dispute settled by compromise, arbitration or Shariat. This is a pre-trial effort at settlement. Section 7 enjoins upon the Presiding Officer…