MESSRS DADA LTD. vs PROVINCE OF WEST PAKISTAN THROUGH THE VICE- — 1971 PLD 743

Citation: 1971 PLD 743

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MESSRS DADA LTD. vs PROVINCE OF WEST PAKISTAN THROUGH THE VICE- JUDGMENT

Headnotes

Case cited as PLD 1971 Lahore 743

Judgment Text

Court Name: Lahore High Court Judge(s): Zakiuddin Pal Title:MESSRS DADA LTD. vs PROVINCE OF WEST PAKISTAN THROUGH THE VICE- JUDGMENT Reported As: PLD 1971 Lahore 743 Result: Reference accepted Judgment JUDGMENT This reference is under Order XLVI, rule 7, C. P. C., by the learned District Judge, Lahore, on the application of Messrs Dada Ltd., Lahore. 2. Briefly the facts are that Messrs Dada Ltd., Lahore, instituted a suit for the recovery of Rs, 500 as compensation for damage to 75 cement asbestos sheets, which were booked through the Pakistan Western Railway for delivery to the petitioner at Lahore. The suit was filed in the Small Cause Court, Lahore, but an objection under Article 1 of the 2nd Schedule to the Provincial Small Causes Courts Act was taken by the respondent with regard to the jurisdiction of the Court. The learned Judge Small Cause Court returned the plaint while upholding the objec-tion raised by the respondent. A review application was filed by the petitioner which was also dismissed. Later on the petitioner filed an application under Order XLVI, rule 7, C. P. C. before the District Judge, Lahore for 'making a reference to the High Court for revising the order of the learned Judge Small Cause Court. This application was accepted by the learned District Judge, Lahore, vide his order dated 16th of April 1970. The learned counsel for the petitioner has supported the order of reference made by the District Judge, Lahore, and has not added anything further to…

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