Law: Civil Procedure Code (V of 1908)

Section: 113

Civil Procedure Code (V of 1908)--- ----S. 113---Reference to High Court---Scope---Reference to High Court can be made only by or on the asking of a subordinate Court, if it entertains a reasonable doubt qua pure question of law and it too is limited to suits in which no appeal lies, appeals and execution proceedings---Contestants, no doubt, can make an application in this regard to the concerned Court praying for a reference but discretion in this context is only with the Court and the parties cannot venture into this arena---District Judge, in the present case, entertained, no doubt, in the law applicable on the subject and therefore, he was under no obligation to refer the matter for opinion in form of a reference to High Court. AIR 1928 All. 371 ref. ORDER SYED ASGHAR HAIDER, J.---Through the instant petition, the petitioner has challenged the legality or otherwise of an executive order passed by the respondent No.4 on 3-9-2008 holding that the inquiry conducted by the Civil Judge respondent No.3, qua the tampering of record on the application submitted by the legal heirs of Mst. Nigar Bibi has no substance and was accordingly dismissed. The report thereafter was forwarded to the learned District Judge, Lahore who concurred with the inquiry report and observed that no further action is required in the matter. The petitioners are aggrieved of the inquiry report, as well as the order passed by the respondent No.4, hence this petition. 2. The learned counsel for the petitioners contended that deliberate and pre-meditated tampering of record took place qua the application made by Mst. Nigar Bibi made to Secretary Improvement Trust dated 5-6-1921, as the date of this application was tampered (copy of the application is attached as Annexure-B to this writ petition). He further submitted that the record pertaining to litigation inter se the parties pending adjudication in this Court in C.R. No.1959/1998 was ordered to be sealed by this Court in presence of the learned counsel for the parties and the Assistant Director L.D.A. Later the seal of the record was broken/tampered thus matter required determination of the delinquent persons. A judicial order should have…

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