Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution or Pakistan (1973)--Art.185(3)--Leave to appeal granted to consider question as to whether or not Additional District Judge was competent to try a suit which fell within. the competence of a Civil Judge. Ch. Ghulam Mujtabad, Advocate-on-Record for Petitioner. Jamshed Ahmad. Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Respondent. Date of hearing: 13th September, 1988. ORDER SAAD SAOOD JAN, J.--The respondent filed a suit for the recovery of Rs.30,307.21 in the Court of Civil Judge at Gujranwala. The suit was decreed. Ex parte by the trial Court. The petitioner filed an application for setting aside the ex parte decree but it was dismissed. He filed an appeal before the Additional District Judge, Gujranwala. The learned Additional District Judge accepted the appeal and remanded the case to the trial Court for recording a fresh decision on the application for setting aside the ex parte decree. After the remand, the trial Court sent the case back to the District Judge under the impression that after the amendments made in Ordinance XIX of 1979 by Ordinance II of 1983 it had no jurisdiction to hear the application. The learned District Judge entrusted the case to the Additional District Judge. By an order dated 4-12-83, the learned…

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