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Civil Petitions Nos. 206‑R of 1985, 207‑R of 1985, 208‑R of 1985 and 209‑R of 1985, decided on 23rd October, 1985.
(On appeal from the judgment, dated 15‑1‑1985 of the Lahore High Court, Rawalpindi Bench in Writ Petitions Nos. 49‑R of 1983, 23‑R of 1983, 48‑R of 1983 and 50‑R of 1983).
‑‑Arts. 185(3) & 199‑‑Jurisdiction of civil Court‑‑High Court allowing withdrawal of writ petitions with right to file civil suits to all contesting respondents and making observation that civil suit, when filed, will be decided on its own merits‑‑Leave to appeal granted to consider contention that petitioners having been given permanent entitlement of land, Civil Courts had no jurisdiction to entertain suits and observation made by High Court would prevent it from holding that it had no jurisdiction in matter and it was bound to decide case on merits.
Ch. Khalil‑ur‑Rehman, Senior Advocate Supreme Court, Sh. Muhammad Naseem, Advocate Supreme Court and Walayat Umar, Advocate‑on‑Record (absent) for Petitioners (in all Petitions).
Nemo for Respondents.
Date of hearing: 23rd October, 1985.
‑‑This order will dispose of Civil Petition No. 206‑R of 1985, Civil Petition No. 207‑R of 1985, Civil Petition No. 208‑R of 1985 and Civil Petition No. 209‑R of 1985, as the question raised in all these petitions is the same.
The High Court allowed withdrawal of the writ petitions with right to file civil suits to each of the contesting respondents to vindicate their civil rights in the property. While allowing them to do so it observed that the civil suit when filed will be decided on its "own merits".
It is urged that as the petitioners were given permanent, entitlement of the land, the civil Courts would have no jurisdiction to entertain the suits and the observation made by the High Court that the civil suit should be decided on "merits" would prevent it from,,% holding that it has no jurisdiction in the matter and it is bound to decide the case on merits.
The submission has some force. Leave to appeal is allowed in all the abovementioned four petitions.
Security in the sum of Rs.500 in each case.
In the meanwhile, the suits filed by the respondents may proceed but it will be open to the petitioners to raise all the legal pleas open to them in their defence including the plea that the Court has no jurisdiction to entertain the suit. However, no final decision will be taken by the civil Court during the pendency of the appeals in this Court.
The above appeals shall be posted for hearing on a very early date, on the present record, with liberty to the parties to add further documents, if any.
M. I. Leave granted.
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