PLD 2024 Balochistan 30
Balochistan Civil Disputes (Shariat Application) Regulation,1976--S.2--
Constitution of Pakistan , Arts.246&247--
Balochistan Civil Courts Ordinance1962 ,Preamble ---
Civil Procedure Code 1908 ,O.VII,R10---
Notification No.240/ RHC/JM/2019 dated 10-10-2019 issued by the Balochistan High Court ---
Civil suit filed by a private person where Government is also a party ( to the suit ) --- Maintainability --- Suit filed by the plaintiff / petitioner was returned under O. VII , R. 10 of the Civil Procedure Code , 1908 , by the Court of Qazi under S. 2 of the Balochistan Civil Disputes ( Shariat Application ) Regulation , 1976 ( ' the Regulation , 1976 ' ) , which order was maintained by the Appellate Court --- Validity --- Record revealed that both the Courts below , while not entertaining his claim , had not referred to ( suggested ) to the petitioner the competent Court having jurisdiction --- In the earlier scheme of the Regulation , 1976 where the government functionary was a party to a lis , the Court having jurisdiction was Court of Civil Judge but after promulgation of Constitution ( Twenty - Fifth Amendment ) Act , 2018 , Art . 246 of the Constitution was inserted / amended , whereby the tribal areas were merged into respective provinces --- Regulation , 1976 was applicable in tribal areas of Balochistan , but after the Constitution Twenty - Fifth Amendment , the tribal areas had been merged and made part of the Province of Balochistan , hence the tribal areas were no more in existence ; powers enjoyed by the President of Pakistan in case of Federally Administrated Tribal Areas ( FATA ) and the Governor of Balochistan in case of Provincially Administrated Tribal Areas ( ' PATA ' ) were no more available to them under Art . 247 ( 4 ) of the Constitution --- In view of Notification No. 240 / RHC / JM / 2019 dated 10-10-2019 issued by the Balochistan High Court , the litigations pending before the Qazi Courts and Member Majlis-e-Shoora exercising jurisdiction under the Regulation , 1976 , stood transferred to the Civil Courts having original jurisdiction constituted under the Balochistan Civil Courts Ordinance , 1962 --- Matters related to the civil disputes were to be adjudicated by the Civil Courts constituted under the Balochistan Civil Courts Ordinance , 1962 , thus the petitioner having any civil dispute regarding property might approach a Civil Court having ordinary jurisdiction --- Constitutional petition was disposed of accordingly .
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