Law:

Section:

(a) North-West Frontier Province Waqf Properties Ordinance (I of 1979)--S. 11---Civil Procedure Code (V of 1908), O.I, R.10--- Application for impleadment as respondent was filed during the pendency of proceedings of the petition filed under S.11, N.-W.F.P. Waqf Properties Ordinance, 1979--­District Court allowed the application for impleadment applying the provisions of O.I, R. 10, C.P.C.---Validity---Proceedings under S.11, N.-W.F.P. Waqf Properties Ordinance, 1979 being essentially a civil proceeding to be disposed of by District Court in its original jurisdiction conferred thereon under the said Ordinance and no special procedure having been prescribed for disposal of the petition under said S.11, general provisions of C.P.C. which were founded on the principles of natural justice and had not been specifically, excluded in the Ordinance from application would be applicable---Principles and words of caution in application of the provisions of C.P.C. to the proceedings under special law to be tried by Court, Tribunal or forum like that :falling under S.11 of the Ordinance recorded by Supreme Court. During the pendency of the proceedings of the petition filed under section 11 of the N.-W.F.P. Waqf Properties Ordinance an application was moved for impleadment as respondents in the petition. The first and foremost question in the present case was as to whether the relevant provisions of the C.P.C. were applicable to the petitions under section 11of the N.-W.F.P. Waqf Properties Ordinance, 1979 particularly when no "procedure" had been prescribed therein for processing and disposal of such petitions. A proceeding under section 11 of the Ordinance was essentially a civil proceeding to be disposed of by a District Court in its original jurisdiction conferred thereon under the Ordinance. Contention that the provisions of the C.P.C. and particularly those of Order I thereof were not applicable in view of the limited scope of the petition within the contemplation of section 11 of the Ordinance was misconceived. No special procedure had been prescribed for disposal of the petitions under section 11. If it be so, then general provisions of the C.P.C. which were founded…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492