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—
