Case Details

Citation(s)
1992 SLD 722 = 1992 CLC 108
Quetta High Court
Civil Revision No.97/ of 1991, decided on 26th September, 1991.
Presented By: Before Munawar Ahmed Mirza, J
Ghulam Mustafa Mengal for Petitioners. Ahmed Khan Lashari, Basharatullah, Aslam Chishty, SA.M Qadri, K.N. Kohli and Tariq Mehmood: Amicus curiae.

AHMED HUSSAIN and 6 others---Petitioners

VERSUS

MUHAMMAD RAMZAN and 3 others---Respondents

Law: Dastoorul Amal Diwani, Kalat

Section: 24(3) (1)

  Dastoorul Amal Diwani (Kalat)--- ----S. 24 (3) (1) [as amended by Dastoorul Amal Diwani, Kalat  (Amendment)  Ordinance,  (XXXII  of 1984)]---Appeal against judgment of Qazi, would lie to Majlis-e-Shoora, consisting of two or more members---When matter was heard and decided by a member and President Majlis-e-Shoora in case of difference of opinion, conclusion of President Majlis-e-Shoora would hold the field and constitute decree of Court---When two members of Majlis-e-Shoora, hear the matter, in case of difference of opinion matter would be referred to President Majlis-e-Shoora, or third member and decision of majority would constitute decree of Appellate Court---President Majlis-e-Shoora, undisputedly had unfettered discretion not to sit or participate in the proceedings being conducted by any two Members, and in the event of difference between them he would have authority to decide the matter as referee, but once he joined the other two members in single sitting, then automatically he would lose his position, and on divergence, final decision of Majlis-e-Shoora, would be regulated by majority verdict. Interpretation of statutes--- ----While interpreting various provisions, those provisions of law having different interpretations or conflicts be so harmonized that existing inconsistency amongst various parts of enactment was resolved.   Dastoorul Amal Diwani (Kalat)-- ----S. 24 (3) (1) [as amended by Dastoorul Amal Diwani, Kalat (Amendment) Ordinance (XXX1I of 1984)]---Civil Procedure Code (V of 1908), S. 115-- Court's jurisdiction to grant appropriate relief---Court although had jurisdiction to grant such relief which might be emanating from the record, yet, when aggrieved party on pointation of material irregularities and glaring defects in proceedings before Trial Court, had sought remand, there was no reason why relief beyond the scope of claim be granted---Judgment of Appellate Court totally reversing decision of Trial Court was apparently defective thus, transgressing the jurisdiction vested in it by law and same could not be sustained---Judgment of Majlis-e-Shoora was set aside and case was transferred to the Court of…
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