Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Frontier Crimes Regulation (III of 1901)

Section: 10,60,8

(a) Jurisdiction-Civil Courts----   ---Fundamental principle-Person having grievance of civil nature has right to institute suit in some Court unless its cognizance is expressly or impliedly barred-Laws trenching on jurisdiction of Civil Courts must be strictly construed Civil Procedure Code (V of 1908), S. 9.   (b) Frontier Crimes Regulation (III of 1901)----   ----Ss. 10, 60 Allegation that civil dispute was referred to Jirga not for statutory reasons but for ulterior motives-Civil Court has jurisdiction to decide whether Deputy Commissioner's action was in accord with S. 8 or whether it was fraud oh statute.   If a party to a dispute brings a suit, alleging that the Deputy Commissioner has taken action under section 8, h. C. R. not for the reasons mentioned in the section, but for reasons extraneous to it, namely, on account of some ulterior motive, or under pressure from higher authority, then, the Civil Court has authority to give a verdict whether the Deputy Commissioner had acted under section 8 or riot, or his act was a fraud on the statute. Section 10 and section 60, which clearly lay down that the acts done "under the Regulation" are protected, do not cover the cases in which the acts are not done "under the Regulation."   It is within the jurisdiction of the Civil Court to go into the question whether a decree granted by the Deputy Commissioner was ultra vires, malicious, and a fraud on the statute.   (c) Frontier Crimes Regulation (III of 1901)-----   ---- S. 8-Dispute once settled according to Jirga's findings-(Quaere): Whether a .second reference barred.   Date of hearing : 3rd March 1959.     JUDGMENT   Khan Sahib Mahmood Jail of Kafoor Bheri owned extensive property in the shape of land, hujra, bungalow, gardens and stables. Some of the land was situated in Shahi Payan. On the 3rd of September 1918, he made a will the language of which was extremely vague. He died on the 23rd of February 1919. It is not clear from the record as to how many sons survived him, but it is quite obvious that four sons were born to him, namely, Walijan, Abdul Khaliq, Abdul Malik and…