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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: BRIG. (RETD.) MUHAMMAD ASLAM KHAN VS Respondent: GOVERNMENT AND ANOTHER
Court Name: High Court of Azad Jammu and Kashmir Judge(s): Sardar Muhammad Sharif Khan Title: BRIG. (RETD.) MUHAMMAD ASLAM KHAN vs GOVERNMENT AND ANOTHER Case No.: Civil Miscellanous No, 20 of 1982 Date of Judgment:1982-04-05 Reported As: 1983 CLC 661 Result: NOT
Judgment ORDER This is an application under section 151, C. P. C. By the applicant with a prayer to the effect that this Court may entertain a suit of the value of A Rs, 50,00,000 claimed as damages from the Government. ' The suit under law is to be filed in the Court of the District Judge which has unlimited jurisdiction in the original suits and not before this Court. No application under section 151, C. P. C. Is competent for the purpose; it is made to this Court. ' This inherent powers under section 151 are not to be exercisable in a case not pending before a Court of competent jurisdiction. ' According to the applicant, the questions involved in the suit having already arisen before this Court in the exercise of its writ jurisdiction were accordingly dealt with and so it is prayed that it would be in the 'fitness of things' that this Court may determine the suit to be brought by the applicant. For these very simple reasons it may not even be proper to entertain this suit. A question of fundamental public importance, if any, can adequately be dealt with by the Court of original jurisdiction i,e, the Court of the District Judge. Moreover, this is not a case for removal of a suit but for direct institution and that is not lawful. ' Therefore, the plaint is returned for presentation to a Court having jurisdiction in the cause.
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revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.