Haji MALIK DAD KHAN vs THE GOVERNMENT OF WEST PAKISTAN THROUGH THE — 1966 PLD 472

Citation: 1966 PLD 472

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Haji MALIK DAD KHAN vs THE GOVERNMENT OF WEST PAKISTAN THROUGH THE JUDGMENT

Headnotes

Case cited as PLD 1966 SC 472

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:Haji MALIK DAD KHAN vs THE GOVERNMENT OF WEST PAKISTAN THROUGH THE JUDGMENT Reported As: 1971 SCMR 651 Result: Appeal accepted Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.-The appellant filed a suit for a declaration that he was not liable to pay Rs. 4',000 to the Govern--ment of West Pakistan on account of the balance of octroi lease money for Fort Sandeman as he was not allowed to collect octroi .Within the Cantonment area. The Senior Civil Judge, Quetta, dismissed the suit on 31-8-1964. An appeal preferred from the judgment and decree was dismissed by the District Judge against which the appellant filed a Revision Petition in the High Court under section 33 of the British Baluchistan Courts Regulation VII of 1939 read with section 115, C. P. C. The Regulation had " been repealed and replaced by the West Pakistan Civil Courts Ordinance II of 1962 with effect from 30th January 1963. The revision petition filed on the 14th February 1966, was, accordingly held by a learned Judge to be incompetent in law. He also rejected the prayer that the revision petition may be converted into an appeal in the view that the appellant had not acted under a bona fide mistake. It further transpired that the grounds on which the District Judge had dismissed the appeal preferred by the appellant were untenable on their face. It was held that when the plaintiff was prevented from…

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