Law: Civil Procedure Code (V of 1908)

Section: O.V,r.20

Law: Civil Procedure Code (V of 1908)

Section: O.V,r.20

Provincial Motor Vehicles Ordinance (XIX of 1965)-------S. 35---Northern Areas Governance Order, 1994, Art.45(11)---Writ petition---Cancellation of registration of vehicle---Petitioner who purchased a truck/trailer from respondent, paid amount to him and he got transferred duplicate registration book in the name of petitioner---Respondent, however, with mala fide intention submitted an application before the Secretary Motor Registration Authority for cancellation of duplicate registration certificate transferred in the name of petitioner---Authority without giving opportunity to the petitioner and before expiry of stipulated period cancelled the duplicate registration 'certificate/ownership of the petitioner, which act of respondent/Authority was illegal, against fact, ex parte, unheard and against the precious rights of the petitioner---Petitioner having been proceeded unheard and with mala fide intention, impugned order was set aside and duplicate registration certificate/ownership of the petitioner was declared validly restored. Syed Muhammad Mohsin Hamdani for Petitioner. Ghulam-ud-Din Representative of Respondent No.1 in person. ORDER RAJA JALAL-UD-DIN, C.J.--- This writ petition is preferred against the office order dated 23-9-2008 passed by respondent No.1, whereby duplicate registration certificate/ownership of the petitioner was cancelled. Counsel for the petitioner agitated that the petitioner had purchased a truck/trailer bearing registration No.GLT-5631 Model-1986, Chasis No.38390, Engine No.112057 from the respondent No.2 in consideration of Rs.12,00,000 (rupees twelve lac). That the petitioner had paid the said amount to respondent No.2, and respondent No.2 got transferred duplicate registration book in the name of petitioner, but on 11-9-2008, the respondent No.2 with mala fide intention submitted an application before the Secretary Motor Registration Authority Gilgit for cancellation of duplicate Registration Certificate transferred in the name of petitioner. On the said application on 20-9-2008. The Motor Registration Authority had issued a final notice to the petitioner to appear before them within a week to settle the issue, which notice was…

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