Law:

Section: 3 ,4 , 11

Provincially Administered Tribal Areas Civil Procedure (Special Provisions) Regulation (II of 1975)-- ----Ss.3 & 4---Constitution of Pakistan (1973), Art.199---Civil Procedure Code (V of 1908), S.11---Qanun-e-Shahadat (10 of 1984), Art.114---Forum constituted under Regulation 11 of 1975---Jurisdiction---Extent-- -Plaintiffs suit for declaration---Issues on points of res judicata, estoppel and limitation were framed in suit and decided by the forum constituted under Regulation II of 1975 without referring the suit to Jirga---Such finding was maintained in appeal and revisions by the forums under the Regulation---Validity---Issue of limitation was to be decided by the forum constituted under Regulation II of 1975 and if suit was found to be within limitation it was to be referred to Jirga for decision of issues relating to res judicata and estoppel - --Failure to follow the procedure by forums---Orders of forums constituted under Regulation II of 1975 were declared to be without lawful authority and of no legal effect---Case was remanded to trial forum with direction that it should first dispose of question of limitation and if suit was found to be within time it should be referred for adjudication to a Jirga but if suit was found to be time barred then trial forum should dismiss the case. PLD 1977 Quetta 39 and Abdul Hamid v. Mst. Shah Zuban and others C.P. No.96-P of 1990 ref. Q. Zabi-ud-Din for Petitioner. Malik Hamid Saeed, AA.-G. for Respondents Nos. 1 to 3. Maazullah Khan Barkandi and Riaz Ahmad for Respondents Nos.4 to 7. Date of hearing: 1st February, 1993. JUDGMENT ABDUL KARIM KHAN KUNDI, J.---This writ petition arises in the background of facts that a suit for declaration filed by the petitioner as against respondents Nos.4 to 14 was proceeded by EA.C. Timargara with powers of Deputy Commissioner, Dir (respondent No.3) first in framing issues on the points of res judicata and estoppel and thereafter decided the issues against him, in spite of the petitioner's objection to the assumption of his jurisdiction as such that he could only decide the issue of limitation and not other issues of res judicata and estoppel which were to be referred for…