Law:

Section:

Civil Procedure Code (V of 1908)--- ----S.79 & O.XXVII---Constitution of Pakistan (1973), Art. 174---All suits against the Central Government have to be filed m the name of Pakistan and against a Provincial Government in the name of the Province---Service summons on Provincial Government through ADC-I and subsequent ex parte proceedings, culminating in ex parte , was not in accordance with law---Ex parte s of the Trial Court, and the Appellate Court were not sustainable in law, which were set aside by the High Court in revision---Case was sent back to the Trial Court with the directions that the summons on the Province shall be served through Secretary Revenue and a fresh opportunity be provided to the Province to file written statement and thereafter de novo trial be held. Province of Punjab v. Muhammad Hussain PLD 1993 SC 147 and Haji Abdul Aziz v. Government of Balochistan 1999 SCMR 16 fol. Town Municipal Administration v. Rifat Hussain 2003 CLC 1370 ref. Director-General, Coast Guards of Pakistan v, Fazle Ghani Khan, 1988 MLD, 586 distinguished. JUDGMENT Through this revision application, under section 115, C.P.C. the learned Additional Advocate General Sindh, on behalf of Taluka Mukhtiarkar, Latifabad, Hyderabad and Province of Sindh through Secretary Revenue Sindh, has assailed the Judgment dated 26-10 2001, passed by the learned III Additional District Judge, Hyderabad, in Civil Appeal No.11 of 1998. The relevant facts, as narrated in the memo of application, are that respondent No.1 filed F. C. Suit No. 161 of 1996, for declaration and injunction. The Province of Sindh was impleaded as defendant No.2 and was sued through Secretary Revenue through A.D.C.1, Hyderabad. The declaration was sought to the effect that respondent No.1 was the owner of suit property, viz. 21780 square feet, out of Survey No.292 Deh Gidu Bunder, Tapo Gidu Bunder, Taluka Latifabad, District Hyderabad, by virtue of Lease Deed and entitled to mutation of Khata in the record of right, under section 42 of Land Revenue Act and the Mukhtiarkar as well as Secretary Revenue were not competent to refuse such mutation. A mandatory injunction was also sought, seeking the direction to the…

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