| Case ID |
07ae6454-3960-4fc5-ba8b-a6a77e54b3c9 |
| Body |
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| Case Number |
Civil Petition No.233-P of 1991 |
| Decision Date |
May 13, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition seeking leave to appeal against the judgment of the Peshawar High Court, which had previously dismissed the writ petition of the petitioner concerning a decision made by special forums under the PATA Regulation. The Court held that the question of limitation must be determined prior to addressing other issues. It was found that the Deputy Commissioner acted within his jurisdiction by delegating the task of evidence recording to the Jirga, as the parties did not object to this process. The findings of the lower forums were upheld, as there were no jurisdictional errors or illegality in their proceedings. The petitioner's claims were deemed time-barred, affirming the decision of the lower courts. |
| Summary |
This case revolves around the procedural aspects of civil litigation in the context of the Provincially Administered Tribal Areas (PATA) of Pakistan. The Supreme Court examined the delegation of authority by the Deputy Commissioner to a Jirga for recording evidence on the issue of limitation in a suit for declaration and permanent injunction regarding land ownership. The Court concluded that the question of limitation is a crucial preliminary matter and must be addressed before other substantive issues. The judgment emphasized the importance of adhering to procedural regulations and the exclusive jurisdiction of special forums established under PATA regulations. The decision reinforces the principle that parties must raise objections during the proceedings to challenge procedural decisions effectively. The ruling is significant for legal practitioners operating in tribal areas, highlighting the need for compliance with local regulations and the procedural nuances involved in land disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
WALI MUHAMMAD KHAN, J.
|
| Lawyers |
Mr. Jehanzeb Rahim
|
| Petitioners |
Mst. NOSHABA,
|
| Respondents |
ABDUL MURAD KHAN,
1 to 7
|
| Citations |
1992 SLD 764,
1992 SCMR 1828
|
| Other Citations |
Not available
|
| Laws Involved |
Provincially Administered Tribal Areas Civil Procedure (Special Provisions) Regulations (II of 1975),
Constitution of Pakistan (1973)
|
| Sections |
Regln. 4,
Art. 199
|