Law: Conciliation Courts Ordinance (XLIV of 1961)

Section: 5(2),5(4),5(b),8(3),8(4)

(a) Conciliation Courts Ordinance (XLIV of 1961),   S. 5(2) read with West Pakistan Conciliation Courts Rules, 1962, r. 13(1) Chairman of Union Council unable to act as Chairman of Conciliation Court-Controlling Authority alone competent to appoint another member as Chairman-Appointment of Chairman, in such case, by members themselves-Improper.   (b) Conciliation Courts Ordinance (XLIV of 1961),   Ss. 5 (4) (b), 8 (3), 8 (4) & Sch., Part II read with West Pakistan Conciliation Courts Rules, 1962, r. 16 (b)-Dispute, falling under Part II of Schedule, referred to Conciliation Court-Failure of any one of parties to appear or to nominate representatives-Results in automatic failure of conciliation and renders Conciliation Court functus officio-Court, under circumstance, has no option but to issue failure certificate - Any decision given by Court on merits-Without jurisdiction =Party at liberty to pursue remedy in ordinary Courts without filing an appeal to forum provided by Ordinance-Bar of res judicata contained in S. 8(4)-Operative only if Court has decided matter in accordance with law.   Yusofalli Mulla Noorbhoy v. The King P L D 1949 P C 108 ref.   (c) West Pakistan Conciliation Courts Rules, 1962,   r. 16(b) Expression "shall record a finding that the conciliation has failed and may issue a certificate to that effect"-Word "may" Mandatory and not permissive.   Dates of hearing: 6th and 7th July 1964.   JUDGMENT   For the purposes of this revision petition the following statement of facts would suffice:   Mst. Said Khanam instituted a complaint under section 448, P. P. C., against her son Abdul Jabbar respondent in the Court of Sayed Akbar Ali Shah, Magistrate 1 st Class, Darband on 29-3-62. The learned Magistrate after recording the preliminary statement of the petitioner issued summons to the accused for 5-4-62, at Kot Najibullah. On 5-4-62, the parties expressed their willingness to refer their dispute to the Conciliation Court. The Magistrate, therefore, recorded an order that the case should come up at Haripur on 10-4-62. On 10-4-62, the Magistrate recorded an order that the parties…