Law:

Section:

(a) Civil Procedure Code (V of 1908)--S. 12(2) (added by Code of Civil Procedure (Amendment) Ordinance (X of 1980), S.2]---Constitution of Pakistan (1973), Arts.247(3) &. 185(3)---Extension of law to Tribal Areas---Petitioner's application under 8.1.2(2), Civil Procedure Code was dismissed on the ground that Civil Procedure Code, 1908 as amended by Ordinance X of 1980 had not been extended to Tribal Areas, therefore, such application was not maintainable---Leave to appeal was granted to consider whether Art. 247 of the Constitution of Pakistan was not attracted to the facts of the case when the Chief Martial Law Administrator in exercise of his powers under the Laws (Continuance in Force) Order, 1977, had promulgated Ordnance X of 1980; and whether High Court erred in holding that Ordinance X of 1980 was not specifically extended to the Tribal Areas. (b) Civil Procedure Code (V of 1908)- ----O. XXXIX, Rr 1, 2 & S.12(2)---Constitution of Pakistan (1973), Art.185(3)--- Landlord had filed eviction application against petitioner's brother---After ejectment order had been passed against petitioner's brother viz. one of the respondents, petitioner filed application under S.12(2), Civil Procedure Code, 1908 claiming to be the tenant of suit premises for the last ten years---Petitioner also claimed ad interim injunction against eviction---High Court had pointed out that landlord had filed ejectment application against respondent in 1988; though petitioner had knowledge of those proceedings, he did not submit any application for impleading him as a party to those proceedings---Interim injunction was refused to petitioner in circumstances. ORDER ABDUL QADEER CHAUDHRY, J.---Leave to appeal has been sought against the judgment of the High Court dated 27-3-1990. 2. The facts, in brief, are that an eviction application was filed by the respondent No.1 Malik Mitha Khan against respondent No.2 Ghulam Muhammad, the brother of the petitioner, on 18-3-1988. The application was accepted by the Civil Judge, Loralai on 30-3-1989. The Civil Revision Petition filed by the respondent No.2 was dismissed by the High Court on 23-5-1989. The petitioner Abdul Baqi filed an objection…

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