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Petitioner: KASHMIR TIMBER CORPORATION VS Respondent: AZAD GOVERNMENT
Court Name: High Court of Azad Jammu and Kashmir Judge(s): Sardar Muhammad Sharif Khan Title: KASHMIR TIMBER CORPORATION vs AZAD GOVERNMENT Case No.: Civil Miscellaneous No, 21 of 1982 Date of Judgment:1982-04-05 Reported As: 1983 CLC 677 Result: Appeal dismissed
Judgment ORDER ' This is an application under section, 151, C. P. C. By the applicant praying therein for a direct entertainment of a suit to be filed for recovery of Rs, 2,92,48,765 claimed as compensation from the Government. ' The suit under law is to be filed in the Court of the District Judge which has unlimited jurisdiction in the suits. No application under section 151, C. P. C. Is competent for the purpose; it is made to this Court. The inherent powers under section 151 are not exercisable in a case not pending before Court of competent jurisdiction. According to the very application itself, this Court consisting of the Judges, at present, in the High Court, has ahead dealt with the matter in its writ jurisdiction twice and so also it will not be proper for us to entertain the suit for its trial and determination. Moreover, this is not a case for removal of a suit but for direct institution and this is not lawful. Therefore, the plaint is returned for presentation to a Court having jurisdiction to the matter.