| Citation(s) |
|---|
| 1986 SLG 753 1986 SLD 753 1986 SCMR 1165 |
Supreme Court of Pakistan
Civil Petition No. 544 of 1982, decision dated: 4-09-1985. (Against the judgment and order, dated 19-5-1982 of the Lahore High Court, Lahore, in Writ Petition No. 1082 of 1979).
MUHAMMAD AFZAL ZULLAH AND SHAFIUR RAHMAN, JJ
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Civil Petition No. 544 of 1982, decision dated: 4-09-1985. (Against the judgment and order, dated 19-5-1982 of the Lahore High Court, Lahore, in Writ Petition No. 1082 of 1979).
MUHAMMAD AFZAL ZULLAH AND SHAFIUR RAHMAN, JJ
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ALLAH DITTA and others
VS
ATAULLAH KHAN and others
Law:
Section:
Constitution of Pakistan (1973)-----Art. 165(3)--Civil Procedure Code (V of 1908), S. 149 and O.VII, r.11--Punjab Pre-emption Act (I of 1913), S. 21--Suit for pre-emption-Deficiency in court-fee--Inordinate delay in making up--Extension granted by trial Court impugned--District Judge accepting revision and rejecting plaint under O.VII, r. 11, C.P.C.--High Court, in its Constitutional jurisdiction, holding that revision being beyond his pecuniary jurisdiction was incompetent before District Judge and its acceptance was without lawful authority--Petition for leave to appeal--Pleas raised that objection to pecuniary jurisdiction or incompetence of revision was not taken before District Judge and having acquiesced, it could not be made ground for challenging that order; that conduct of plaintiffs being contumacious they were not entitled to any discretionary relief as could be granted in Constitutional jurisdiction, and that by such a decision petitioner was deprived of remedies available to him under C.P.C.--Matter admittedly being beyond pecuniary jurisdiction of District Judge, and petitioners case not being strong on merits also order of High Court, held, was unexceptionable--Petition being devoid of merits, dismissed. Shahna Khan v. Aulia Khan P L D 1984 S C 157; Siddique Khan v. Abdul Shakur Khan P L D 1984 S C 289 and Gulzar Hussain v. Abdur Rehman 1985 SCMR 301 rel. Ch. M. Nazeer Ahmad, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 4th September, 1985. ORDER SHAFIUR RAHMAN, J.--The petitioners who are the defendant vendees seek leave to appeal against the judgment of the Lahore High Court, dated 19-5-1982 whereby a constitutional petition filed by the plaintiff pre-emptors was accepted and the judgment in, the District Judge, Multan, dated 14-6-1978 was declared to be without lawful authority and of no legal authority as the matter was not within his pecuniary jurisdiction. The petitioners purchased the suit land on 16th of December, 1974 against which a pre-emption suit was filed on 10th of December, 1975 with a court-fee of Rs.4 only. The trial Court did not determine the deficiency…
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