AHMAD YAR Versus ADDITIONAL DISTRICT JUDGE, CHINIOT, DISTRICT JHANG

ORDER

SARDAR MUHAMMAD RAZA KHAN, J.--- Ahmad Yar' son of Mutalli seeks leave to appeal from the order, dated 2-3-2007 of a learned Judge in Chambers of Lahore High Court, whereby a writ petition filed by the petitioner against the concurrent findings of two Courts below, was dismissed.

2. Mst. Anwar Bibi former wife of petitioner .brought a suit against her husband for the recovery of dowry articles. It was decreed by the trial Court as well as by the First Appellate Court to the tune of Rs.1,00,000. It may be recalled that the petitioner had not filed any appeal under Family Courts Act, 1964. He had simply filed cross-objections to the appeal filed by the lady. Under section 17 of the Family Courts Act, 1964 no provisions of Civil Procedure Code, 1908, except sections 10 and 11, are applicable to the proceedings before the Family Court. The filing of cross-objections is a phenomenon purely of the Civil Procedure Code laid down in Order XLI, rule 22 and hence is not extendable to proceedings under Family Courts Act, 1964. The petitioner, therefore, would be deemed to have not filed any appeal before the First Appellate Court and would be deemed to have accepted the decree granted by the Family Court to the tune of Rs. 1,00,000. The writ petition has rightly been dismissed. There being no merit in the petition, it is hereby dismissed and leave to appeal refused.

M.B.A./A-47/SC Leave refused.