2007 PLP 1311 (SCMR)
DEFENCE HOUSING AUTHORITY, LAHORE — Petitioner Versus MUHAMMAD NAEEM-UL-KAREEM and others — Respondents
| Citation | 2007 PLP 1311 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Syed Jamshed Ali, JJ |
| Parties | DEFENCE HOUSING AUTHORITY, LAHORE — Petitioner Versus MUHAMMAD NAEEM-UL-KAREEM and others — Respondents |
| Primary Law | Cooperative Societies Act (VII of 1925) |
Q1: What are the key laws and sections cited in 2007 PLP 1311 (SCMR)?
This judgment primarily cites: Cooperative Societies Act (VII of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1311 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Syed Jamshed Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1311 (SCMR) (DEFENCE HOUSING AUTHORITY, LAHORE — Petitioner Versus MUHAMMAD NAEEM-UL-KAREEM and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tariq Masood, Advocate Supreme Court for Petitioner.
- Ch. Hafeez Ahmed, Advocate Supreme Court for Respondent No.1.
Headnotes / Summary
(On appeal from the judgment/order, dated 12-3-2004 passed by the Lahore High Court, Lahore in Writ Petition 6092 of 2002).
S.70
Defence Housing Authority Lahore Ordinance (LI of 1999), S.18
Civil Procedure Code (V of 1908), O.VII, R.11
Constitution of Pakistan (1973), Art. 185 (3)
Non-filing of notice under S.70 of Cooperative Societies Act, 1925
Contention of Housing Authority was that suit filed by plaintiffs had been rejected for non-issuance of prior notice under S.70 of Cooperative Societies Act, 1925
Plea raised by plaintiffs was that Housing Authority was no longer a cooperative society, therefore, provisions of Cooperative Societies Act, 1925, had ceased to apply during the pendency of the suit
Plaintiffs further contended that provisions' of S.70 of Cooperative Societies Act, 1925, were not attracted to the facts of the suit filed by them--Leave to appeal was granted by Supreme Court to consider the contentions of both the parties. Lahore Cantt. Cooperative Housing Society Limited v. Messrs Builders and Developers (Pvt.) Ltd. and others PLD 2002 SC 660 ref.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The learned counsel for the petitioner submitted, inter alia, that from its very inception the suit by the respondents could not have been instituted without a prior notice in terms of section 70 of Cooperative Societies Act, 1925. Reliance was placed on the case of Lahore Cantt. Cooperative Housing Society Limited v. Messrs Builders and Developers (Pvt.) Ltd. and others PLD 2002 SC 660 in which leave was granted to consider a similar question.
2. On the other hand, the learned counsel for the respondent No.1 argued that the Additional District Judge had rejected the plaint for want of notice under section 70 (ibid) on 5-3-2002, without considering the effect of section 18 of the Defence Housing Authority Lahore Ordinance, 1999 (Ordinance No.L-1/1999) where under the Lahore Cantonment Cooperative Housing Society Limited, Lahore was dissolved. It was further submitted that, subsequently, Chief Executive's Order No.26/2002 called the Defence Housing Authority Order, 2002 was also promulgated on 19-9-2002. The Defence Housing Authority, Lahore was no longer a Cooperative Society. Therefore, the provisions of the Act, 1925, had ceased to apply during the pendency of the suit. Moreover, section 70 of the Act was not attracted to the facts of the suit filed by the respondents.
3. Leave to appeal is granted to consider the above and the other submissions. Since short questions of law are involved, office is directed to fix the main appeal, on its present record, for hearing along with the appeal arising out of C.P. No.707-L of 1999, within a period of six months. Meanwhile, the proceedings in the main suit before the trial Court shall remain stayed. M.H./D-12/SC Leave granted.