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DR. GHULAM DASTIGIR versus ABDUL GHANI


A challenging order limiting the property in the application under Section 12 (2) West Pakistan Land Revenue Act (XVII of 1967), 5 7 West Pakistan Land Revenue Rules, 1968, R 67 Section 12 (2), CPC High Court Disqualification order directed by Deputy Commissioner / District Collector Applicant regarding the boundary of the property in question, who claimed to have transferred from joint property under the question that he alleged to be party to them. Without a notice, the controversial order was approved in a constitutional petition without notice and without any opportunity for a hearing, even though without limitation The question was not a matter for the constitutional petitioners, who were the necessary parties, they should have been enforced and the High Court could not order the limitation / direct limitation of the constitutional applicants only. In the absence of other shareholders and in the absence of a good buy, they are informed of the joint property in the joint property and despite the expectation of their opportunity to be heard, otherwise compliance with the High Court's order may be met by the Revenue Authorities. The limitation made is not an appropriate process, but it appears to have been done only to avoid the consequences of complying with a court order. The delimitation proceedings were not carried out either freely or under the provisions of the Land Revenue Act, 1967. The limitation order passed by the High Court in the Constitution Petition had no jurisdiction for reasons. That there was no prayer in the constitutional petition for the demarcation of property in the dispute and the High Court, sitting in the constitutional jurisdiction, had no jurisdiction over any forum

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