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ABDUL MAJID versus MUHAMMAD WALAYAT KHAN


Article 185 (3) of the Civil Procedure Code (v. 1908), after the discharge of section 96, can be examined as to whether a particular appeal should have been filed in the High Court or before the District Court.

1985 S C M R 1018(1)

Present: Muhammad Afzal Zullah, Nasim Hasan Shah and M.S.H Quraishi, JJ

ABDUL MAJID and others‑‑Petitioners

Versus

MUHAMMAD WALAYAT KHAN through his Legal Heirs‑‑Respondent

Criminal Petition for Special Leave to Appeal No.200‑R of 1985, decided on 11th March, 1985.

(On appeal from the Judgment and Order dated 27‑1‑1985 of Lahore High Court Lahore in R . F . A . No.47 of 1981) .

Constitution of Pakistan (1973)‑‑

‑‑Art.185(3)‑‑Civil Procedure Code (V of 1908), S.96‑‑Leave granted inter alia to examine whether first appeal in a particular pre‑emption matter should have been filed in High Court or before District Court.

Bashir Ahmed Ansari, Advocate Supreme Court and Ch Akhtar Ali, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing: 11th March, 1985.

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑

‑After hearing the learned counsel leave to appeal is granted inter alia to examine the point whether A the first appeal in this pre‑emption matter should have been filed in the High Court or before the District Court. Security Rs.2,500.

To be heard with all other connected matters in which same question arises including C.A. 11/85, C.A.12/85 and C.P.538/84 wherein leave was granted on 13‑2‑1985.

All these appeals shall be fixed for hearing before end of June 1985. Completion to be done expeditiously.

Status quo in this case shall be maintained till 30‑6‑1985 where after if the appeal is not disposed of, a fresh application may be moved for obtaining interim order.

M.I. Leave granted.

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