The North-west Frontier Province (disposal Of Civil Cases And Removal Of Doubt) Act, 1973


THE NORTH-WEST FRONTIER PROVINCE (DISPOSAL
OF CIVIL CASES AND REMOVAL OF DOUBT) ACT, 1973.

[12th November, 1973]

N. W. F. P. ACT NO. XV OF 1973.

(Received the assent of the Government of the North-West Frontier
Province on 11th November, 1973)

AN

ACT

to make provisions for the disposal of cases pending under the Civil Procedure (Special Provisions) Ordinance, 1968, and for the removal of doubt regarding application of the Evidence Act, 1872, and the Code of Civil Procedure, 1908 to certain areas in the North-West Frontier Province.

WHEREAS in consequence of Home Department Notification No SO (J-1) HD/12-1/70 dated the 9th March, 1972, the Civil Procedure (Special Provisions) Ordinance, 1968, (W.P. Ord 1 of 1968), has ceased to operate in the areas to which it was applicable;

Preamble.

AND WHEREAS it is expedient to make provisions, in the manner hereinafter appearing, with respect to-

(i)         the disposal of cases pending under the said Ordinance; and

(ii)        the removal of doubt regarding application of the Evidence Act, 1872 (Act 1 of 1872), and the Code of Civil Procedure 1908 (Act V of 1908) to said areas in the North-West Frontier Province;
            It is hereby enacted as follows:-

1.         (1)  This Act may be called the North-West Frontier Province (Disposal of Civil Cases and Removal of Doubt) Act, 1973.

Short title and Commencement

(2)        It shall come into force at once.

2.         All disputes of civil nature, taken cognizance of under the Civil Procedure (Special Provisions) Ordinance, 1968 (W.P Ord 1 of 1968) hereinafter preferred to as the said Ordinance. And all appeals relating thereto, which were pending before the Tribunal or any other authority at the time when the said Ordinance ceased to operate, shall stand transferred

Transfer pending case.

To respective Civil Courts having jurisdiction therein for disposal in accordance with the provisions of the law applicable to such cases.

 

Removal of
Doubt

3.   For the removal of doubt it is hereby declared that the Evidence Act, I of 1872), and the Code of Civil Procedure. 1908 (Act V of 1908) shall apply, and shall be deemed always to have been so applied to the areas specified in the schedule to this Act, hereinafter referred to as the said areas.

Limitation.

4.  In computing the period of limitation for filing a suit, in respect of any dispute of civil nature arising in or relating to the said areas the period commencing the 9th March, 1972, and the date of commencement of this Act shall be excluded.

Validation.

5.  Where any Civil Court has, after cessation of the said Ordinance but before the commencement of this Act taken cognizance of any dispute of civil nature arising in or relating to the said areas and has passed any order or decree in respect there of or given decision thorough such cognizance shall be proper and such order degree or decision shall subject to the provisions of the Code of Civil Procedure, 1908 (Act V of 1908), be valid and enforced. 

 

Repeal.

6.  The North-West Frontier Province (Disposal of Civil Cases and Removal of Doubt) of Doubt) Ordinance 1973 (N.W.F.P Ordinance, No. Iv of 1973), is hereby repealed.

SCHEDULE

(See-section – 3)

1.   The Added Areas of Hazara of Hazara District specified in the Firs Schedule to the North-West Frontier Province (Enlargement of the area and Alteration of Boundary) Order, 1952 (G.G.O. No. 1 of 1952).

2.         The Added Areas of Mardan District specified in Schedule A to the North-West Frontier Province (Increase of Area and Alteration of Boundary) Order 1953 (G. G. O. No. 7 of 1953).

3.         The Added Areas of Hazara District specified in the First Schedule to the North-West Frontier Province (Enlargement of the Areas and Alternation of Boundary) Order, 1955 (G. G. O. )

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