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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: ALLAH BA KHSH AND OTHERS VS Respondent: KHUDA BAKHSH AND OTHERS
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Shafi-ur-Rehman Title: ALLAH BA KHSH AND OTHERS vs KHUDA BAKHSH AND OTHERS Case No.: Civil Petition for Leave to Appeal No, 1179/1983 R. S. A. No, 157/82 Date of Judgment:1984-03-10 Reported As: 1984 SCMR 729 Result: Leave granted
Judgment ORDER ' NASIM HASAN SHAH, J.-The sale was effected on 30-11-1973 which was pre-empted by filing suit for possession on 2 -11-1974. However, the plaint was filed before the Tehsildar on 27- 1-1974 and placed before the Civil Judge on 2-12-1974, on his return from tour. ' The question is whether "the suit in these circumstances, can be regarded to be within limitation" ' The learned Judge in the High Court was of the view that the plaint filed before the Tehsildar on 27-11-1974 when the learned Civil Judge was not holding Court being duly authorised by the District Judge to receive the same, the suit must be deemed to have been validly instituted, within time on 27-11-1974, before an authorised officer. Before us it has been contended that the power of receiving plaints can be conferred upon an "Officer" of the Court competent to receive plaints stand the term "Officer" means an officer of the Court ordinarily compel tent to receive plaints and that a Tehsildar is not such an Officer. Reliance is placed on Nazar Muhammad v. Murad Ali (1) in support of this submission. ' The question raised requires consideration. . ' Security Rs, 2,500. ' Interim Order of Stay to continue meanwhile. (1) PLD 1960 Lab. 757
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