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ZAHIR SHAH versus JALANDAR


The reference to the Tribunal dispute regarding the limitation of the Civil Procedure (Special Provisions) Rule 1975 Section 4 (2) in the Provincially Administered Tribal Areas is a mixed question of fact and law, giving the parties an opportunity to question Without any discovery. In order to restrict their allegations, the unconstitutional authority was empowered under the Code to give its verdict on the question of limitation before referring the tribunal, which, if time-barred, would reject the case. But so much power can be used judicially by the authority. In no arbitrary way, the authority was given restless and unconditional power to disregard all principles of justice sitting in judgment on disputes between the parties.

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