WAPDA through Chairman WAPDA House vs Syed SAJJAD BUKHARI Ss — 2021 CLC 1061 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 1061 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: WAPDA through Chairman WAPDA House vs Syed SAJJAD BUKHARI Ss
Subject matter: Civil
Provisions referred to: S. 94---; S. 18; S. 54; S. 96; Civil Procedure Code (V of 1908); Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

WAPDA through Chairman WAPDA House VS Syed SAJJAD BUKHARI Ss.18(4) & 54---Civil Procedure Code (V of 1908), S.94---appeal---Maintainability---acquisition of land---Expressions 'for or on behalf of whom' and 'subject to the provisions of Civil Procedure Code, 1908, applicable to appeals from original decrees'---Scope---Referee Judge allowed reference filed by respondent and Water and Power Development authority (WaPDa) assailed the judgment and decree---Objection raised by respondent was that appeal filed by WaPDa was not maintainable---Validity---Land was acquired for WaPDa, so it was an aggrieved person in view of the words used in S.18(4) of Land acquisition act, 1894, "for or on behalf of whom" for filing objection to the award, so could file appeal as well---Expression "subject to the provision of Civil Procedure Code, 1908, applicable to appeals from original decrees" used in S.54 of Land acquisition act, 1894, included WaPDa as an aggrieved person under S.96, C.P.C.---High Court declined to take any exception to maintainability of appeals---Objections were rejected, in circumstances.

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