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Civil Petition for Leave to Appeal No. 1179/1983, decided on 11th March, 1984..
(On appeal from the judgment dated 6‑7‑1983 of the Lahore High Court, Multan Bench, Multan in R. S. A. No. 157/82).
‑‑‑ Art. 185 (3)‑Civil Procedure Code (V of 1908), O. IV, r. 1‑. Plaint‑..Presentation of‑Leave to appeal‑Granted to consider ques tion whether Tehsildar was not an Officer" competent to receive plaint.
Nazar Muhammad v. Murad Ali P L D 1960 Lah, 757 cited.
Mian M. Perwaiz Akhtar, Advocate Supreme Court instructed by Abdul Karim, Advocate‑on‑Record for Petitioner.
Mian Ata‑ur‑Rehman, Advocate‑on‑Record for Respondents Nos. 1 and 2.
Nemo for Respondents Nos. 3 (1) to 3 (vi) and 3 (vii) (a) to 3 (vii) (h).
Date of hearing : 11th March, 1984.
The sale was effected on 30‑11‑1973 which was pre‑empted by filing suit for possession on 2 ‑11‑1974.However, the plaint was filed before the Tehsildar on 27‑ 1‑1974 and placed before the Civil Judge on 2‑12‑1974, on his return from tour.
The question is whether "the suit in these circumstances, can be re garded to be within limitation"
The learned Judge in the High Court was of the view that the plaint filed before the Tehsildar on 27‑11‑1974 when the learned Civil Judge was not holding Court being duly authorised by the District Judge to receive the same, the suit must be deemed to have been validly instituted, within time on 27‑I 1‑1974, before an authorised officer.
Before us it has been contended that the power of receiving plaints can, be conferred upon an "Officer" of the Court competent to receive plaints and the term "Officer" means an officer of the Court ordinarily competent to receive plaints and that a Tehsildar is not such an Officer. Reliance is placed on Nazar Muhammad v. Murad Ali (P L D 1960 Lah. 757) in support of this submission.
The question raised requires consideration.
Leave granted.
Security Rs. 2,500.
Interim Order of Stay to continue meanwhile.
S. Q. Leave granted.
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