Suit in a provintially administered tribal area

Citation Name : 2004 SCMR 1798 SUPREME-COURT

Side Appellant : Qazi SHAMSUR REHMAN

Side Opponent : Mst. CHAMAN DASTA

——-Ss. 5 & 7—Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Rules, R.3(8)—Provincially Administered Tribal Areas Civil Procedure (Special Provision) Regulation (II of 1975), S.3(2-C)–Constitution of Pakistan (1973), Art.185(3)-–Trial of suit under Provincially Administered Tribal Areas Civil Procedure (Special Provision) Regulation, 1975 even after promulgation of Provincially Administered Tribal Areas (Nifaz-e-Nizam-e-Shariah) Regulation, 1994—Judgment of Trial Court dismissing suit was upheld by Appellate Court —High Court in revision remanded case to Trial Court for its disposal under Regulation 11 of 1994—Validity–-Trial Court had jurisdiction to adjudicate upon. subject-matter of the suit—Objection qua procedure had not been raised by any party before Trial Court , Appellate Court or High Court —High Court should not have Suo motu taken up such objection—