Case Details

Citation(s)
1986 SLG 609 1986 SLD 609 1986 SCMR 764
Supreme Court of Pakistan
Civil Petition No. 117-R of 1980, decision dated: 9-12-1980. (On appeal from the judgment and order, dated 14-5-1980 of the Lahore High Court passed in C . R. No. 289 of 1978).
ANWARUL HAQ, C.J. AND MUSHTAQ HUSSAIN, J

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MASTAK-

VS

LAL and others

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Baluchistan Civil Disputes (Shariat Application) Regulation, 1976--Jurisdiction--Question of jurisdiction of Commissioner after constitution of Majlis-e-Shoora being of considerable public importance, leave to appeal granted to consider same. M. Bilal, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner. ORDER ANWARUL HAQ, C.J.--This petition seeks leave to appeal against the judgment of a vision Bench of the Baluchistan High Court, dated the 14th of May, 190, by which a writ petition filed by the petitioner, was dismissed. The dispute taken to the High Court related to the redemption of land mortgaged with the petitioner by respondent No.1 Lal, who had instituted a suit against the petitioner under the provisions of the Frontier Crimes Regulation. It is not necessary to narrate the history of this litigation, and it would suffice to say that by the revisional order, dated the 291 of June, 1978, the learned Commissioner maintained the decree dated he 22nd of December, 1976, passed in favour of respondent Lal by the Additional District Magistrate on the basis of the opinion record by the Tribunal. The petitioner challenged this revisional order of the Commissioner in the High Court on several grounds, including the contention that with the enforcement of the Baluchistan Civil Esputes (Shariat Application) Regulation, 1976, the revision petition for by the petition before the Commissioner stood transferred to the Majlis-e-Shoora which had been constituted under notification, dated he 12th of February, 1977. However, this contention was repelled by the learned Judges of the High Court on the view that as no Chairman ad been notified, the Majlis was not properly constituted, and, accordingly, the revisional proceedings pending before the Commissioner child not be deemed to have been transferred to the Majlis-e-Shoora. The learned Judges also…
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