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Constitution of Pakistan (1973)-----Art. 185(3)--Thal Development (Punjab Amendment) Act (XLVI of 1975)--Thal Development (Punjab Amendment) Ordinance (XIX of 1975)-­Ouster of jurisdiction with retrospective effect--Competency of appeal-­Appeal against dismissal of suit instituted in 1966--Whether governed by law as existing before ouster of jurisdiction promulgated in 1975-­Leave to appeal granted to consider this question.--[Jurisdiction]. Nusrat Waheed v. Administrator Thal 1960 C L C 334 ref. A.R. Shaukat, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioners. Date of hearing: 23rd May, 1984. ORDER ASLAM RIAZ HUSSAIN, J.--The petitioners seek leave to appeal against the judgment of the Lahore High Court, Lahore, dated 20-11-1975, dismissing their R . S . A . 2. The facts giving rise to the petition, briefly, are that Karam Din the predecessor-in-interest of the present petitioners was allotted Government land measuring 15 Acres in Chak No. 53/ED, Tehsil Khushab, District Sargodha in the year 1950. Subsequently he was given another piece of land in exchange. He complied with the terms and conditions of allotment and remained in possession till 1956. But his allotment was cancelled in 1957 without any notice to him. He challenged the order of cancellation through a civil suit filed on 24-5-1965. A preliminary objection regarding jurisdiction of the Court was raised by the respondents/ defendants but the same was decided against them. This suit was, however, withdrawn due to a technical defect and a fresh suit was subsequently filed by the petitioner on 9-12-1966, in the Court of Senior Civil Judge, who vide his order, dated 7-12-1967 returned the plaint for presentation to the proper Court which was done on 21-12-1967. The suit was contested by respondent No. 1 and the remaining defendants (including Muhammad Shaft defendant No. 4), were proceeded ex parte. The trial Court decreed the suit in petitioner's favour on 16-3-1972. Muhammad Shaft respondent thereupon filed an application for setting aside the ex parte proceedings against him. This was allowed and after a fresh trial the suit was dismissed by another Civil Judge. The…

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