Case Details

Citation(s)
1995 SLG 602 1995 SLD 602 1995 SCMR 462
Supreme Court of Pakistan
ivil Petition No. 651 L of 1993, decision dated: 15-06-1994.
AJMAL MIAN AND SALEEM AKHTAR, JJ
Kh. Muhammad Farooq, Advocate and Tanvir Ahmad, Advocate on-Record and Petitioner. Ch. Asghar Ali Bhatti, Advocate and S. Abul Asim Jafri, Advocate on-Record

Malik MUHAMMAD MUKHTAR

VS

PROVINCE OF PUNJAB through Deputy Commissioner/ Collector and others

Law:

Section:

Law Reforms Ordinance (XII of 1972) S. 3(2) [before its amendment by Law Reforms (Amendment) Act (VI of 1974)] West Pakistan Cooperative Societies and Cooperative Banks (Repayment of Loans) Ordinance (XIV of 1966), S. 9 A [added by West Pakistan Cooperative Societies (Repayment of Loans) (Punjab Amendment) Ordinance (III of 1'972)] Constitution of Pakistan (1973), Art. 185(3) ¬Auction of petitioner's property in realization of loan be got from the cooperative society Petitioner's Constitutional petition against such auction was dismissed Petitioner's intra Court appeal was dismissed on the ground that S.9 A of West Pakistan Cooperative Societies and Cooperative Banks (Repayment of Loans) Ordinance, 1966 (as amended) provided for remedy of revision, therefore, his Intra Court Appeal was hit by S. 3 (2), Law Reforms Ordinance, 1972 before its amendment by Law Reforms (Amendment) Act, 1974 Validity Leave to appeal was granted on the statement of petitioner's counsel which could not be controverted by respondent's counsel that Constitutional petition having been filed before amendment was made in S. 3 (2), Law Reforms Ordinance, 1972 If, however, on a later date it transpired that Constitutional petition had been filed on or after 17 1 1975, when amendment in S. 3 (2), Law Reforms Ordinance, 1972 came into force, leave to appeal would be withdrawn. ORDER SALEEM AKHTAR, J. The petitioners seeks leave to appeal against the judgment of the learned Judge in Chambers whereby the Intra-Court Appeal filed by him under section 3 of the Law Reforms Ordinance, 1972 was held to be not maintainable; the main reason being that the order of the Assistant Registrar impugned in the writ petition was revisable by the Registrar or the Provincial Government under section 9 A of the said Ordinance. 2. The petitioner had obtained a loan of Rs. 20,000 from the Cooperative Societies of Village Mukhtar Miani which become subject matter of litigation on question of his liability. However, the Assistant Registrar initiated proceedings under Martial Law Order (MLO) 241. Warrants of attachment were issued on 6 3 1972. On 9 3 1972 notice for repayment of Rs. 72,263.16 was issued requiring the…
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