SAHIB DIN and others vs NOOR MUHAMMAD and others
This matter arises from a petition for leave to appeal filed by the plaintiffs against the acceptance of a civil revision by the High Court in a suit for declaration regarding the bar of alienation under Martial Law Regulation 64. The core legal question involves the correct interpretation of the relevant provisions of Martial Law Regulation 64, specifically including those relating to jurisdiction and the bar of certain alienations under Paragraph 25. The Supreme Court granted leave to appeal to examine whether the High Court rightly interpreted these provisions, directed the furnishing of security, ordered the preparation of the appeal on the existing record with liberty to file additional documents, and directed that status quo shall continue.
- Whether the provisions of Martial Law Regulation 64 relating to the bar of certain alienations and jurisdiction have been rightly interpreted by the High Court?
- Does a suit for declaration regarding the bar of alienation under Martial Law Regulation 64 warrant interference by the Supreme Court?
- Paragraph 25, Martial Law Regulation 64
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiffs side in a suit for declaration regarding bar of alienation under M.L.R.
64. Against the acceptance by the High Court of respondents' Civil Revision.
2. ' It is not necessary to give the details of the alienations in question.
3. After hearing the learned counsel for both the sides, we consider it a fit case to examine whether the relevant provisions of M.L.R. 64 including those relating to the jurisdiction and the bar of certain alienations (Paragraph 25) have rightly been interpreted by the High Court. This and also the other points raised in this petition would require examination. Leave to appeal accordingly is granted.
4. ' Security Rs, 5,000.
5. ' The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents.
6. ' Status quo to continue.