Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), O. VII r. 11-­Dastoorul Amal Diwani, Kalat, Ss. 7 & 20--Leave to appeal granted to consider whether Deputy Commissioner, in exercise of his functions under S. 7 read with S. 20 of Dastoorul Amal Diwani, Kalat, was competent to exercise powers of Civil Court under Civil Procedure Code so as to reject plaint under O. VII, r. 11,C.P.C. thereof. (b) Dastoorul Amal Diwani, Kalat- ---Ss. 7 & 20--Civil Procedure Code (V of 1908), O. VII, r. 11-­Jurisdiction of Deputy Commissioner as Hakim-e-Adalat-- Power to reject plaint on ground of limitation--Dismissal of suit without framing issues-­High Court setting aside order and remanding case, impugned--Held: Deputy Commissioner acting by virtue of powers conferred by S. 7 of Dastoorul Amal, has no power to give a final or binding --Deputy Commissioner required to get written statement, better statement and then after framing issues, to refer case to Kazi for trial and decision-­Appeal being devoid of force, dismissed with costs. Mirza Khan v. Ch. Mohan Dass 1982 C L C 2258 and Bawa Isardas Chela of Kishindas v. Kishindas and another. PLD 1983 Quetta 100 ref. Jia Ram v. Smt. Kundana Wanti and others PLD 1978 Quetta 91 rel. Azizullah Memon, Advocate Supreme Court with Hazar Khan Khoso, Advocate-on-Record (absent) for Appellants. Muhammad Iftikhar, Advocate Supreme Court with Yakub Eusufzai, Advocate-on-Record for Respondents Nos. 1 to 3. Date of hearing: 10th April, 1985. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against judgment, dated 15-10-1983 of the Baluchistan High Court; whereby a Regular First Appeal filed by the respondents against the orders passed by the Deputy Commissioner Kachhi at Dhadar, was allowed setting aside the same with a further order of remand to the Deputy Commissioner for fresh disposal in accordance with the law. 2. The respondents had filed a suit in the Court of Deputy Commissioner (Hakim-e-Adalat) Kachhi at Dhadar under the Dastoor-ul­ Amal Diwani Kalat for declaration and possession of land with water. A written statement was filed by the appellants wherein…

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