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1984 SCMR 1298

MIR ZAMAN vs KHUDA DAD and others

Citation1984 SCMR 1298
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 102-P of 1984 Writ Petition No, 544 of 1982
Date1984-05-28
Judge(s)Muhammad Haleem, M. S. H. Qureshi, Shafi-ur-Rehman
ResultPetition dismissed

ORDER

' M.S.H. QURAISHI, J.-- The petitioner is aggrieved by the dismissal of his writ petition by the Peshawar High Court on 24th April, 1984 on the preliminary objection that the said Court had no jurisdiction to issue process to the Federally Administered Tribunal Area under its extraordinary jurisdiction.

2. The petitioner had filed the writ petition to challenge the verdict of a Jirga passed against him allowing the claim of respondent No,1 for recovery of Rs, 1,00,000 which verdict was approved by the Political Agent, Kohat, and affirmed in the petitioner's appeal by the Commissioner, Kohat Division, on 18th December, 1982.

3. The narration of the facts in the Commissioner's order, however, reveals that the Jirga had been constituted in pursuance of a written agreement to which the petitioner was a party, that he had nominated a Jirga and that he had undertaken to abide by its decision. The recital further shows that the petitioner had admitted the receipt of the amount of Rs, 1,00,000 from Khuda Dad respondent and all that he had prayed was for time to repay the amount. He had also duly signed the unanimous recommendation of the Jirga.

4. For grant of leave, learned counsel urges that the constitutional question raised in the petition is similar to the one arising in Syed Shah v. Political Agent Bajaur 1982 SCMR 433 in which leave to appeal was granted and that appeal is still pending. That may be so, but in the circumstances of the instant case we do not find it to be a fit case for grant of leave. The petition is, therefore, dismissed.

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