| Case ID |
16b6b1af-8229-4c44-a746-0b1d526f7b43 |
| Body |
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| Case Number |
Civil Revision No.228 and Civil Miscellaneous No.5 |
| Decision Date |
Jun 23, 2003 |
| Hearing Date |
|
| Decision |
The High Court dismissed the revision petition in limine, upholding the concurrent findings of the lower courts which had rejected the plaint on the grounds of jurisdiction being barred under section 12 of the Shari Nizam-e-Adl Regulation, 1999. The plaintiffs had previously sought remedies through the Provincially Administered Tribal Areas Courts and could not subsequently challenge those decisions in the Civil Court. The Court found no illegality or material irregularity in the judgments and decrees of the courts below. |
| Summary |
In the case of Shamsuddin and others vs Mst. Balkh Nisa and others, the petitioners challenged the rejection of their plaint by the trial court on the basis of jurisdictional issues under the Shari Nizam-e-Adl Regulation, specifically section 12, which bars Civil Courts from intervening in matters already adjudicated by the competent PATA Courts. The High Court upheld the lower courts' decisions, emphasizing that the petitioners had fully participated in the earlier proceedings and had exhausted their legal remedies, making it inappropriate for them to seek redress in the Civil Court. This case illustrates the significance of jurisdictional authority and the limitations imposed by specific regulations on the powers of Civil Courts in Pakistan. Keywords such as 'jurisdiction', 'Civil Procedure Code', 'Shari Nizam-e-Adl Regulation', and 'PATA Courts' are trending in legal discussions, making this case relevant for those studying the intersection of civil law and tribal regulations. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Talaat Qayum Qureshi, J
|
| Lawyers |
Muhammad Amin Khattak,
Fateh Muhammad Khan
|
| Petitioners |
Shamasuddin and others
|
| Respondents |
Mst. Balkh Nisa and others
|
| Citations |
2004 SLD 1787 = 2004 CLC 542
|
| Other Citations |
Shahzad Gul v. Additional Secretary Home, Government of N.-W.F.P. and others 1999 SCMR 1028
|
| Laws Involved |
Shari Nizam-e-Adl Regulation,
Civil Procedure Code
|
| Sections |
12,
9,
115,
O.VII, R.11
|