Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Pakistan Administration of Evacuee Property Act (XII of 1957), S. 41---Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 22 & 25---Civil Procedure Code (V of 1908), O. VII, R.11---Constitution of Pakistan, Art. 185(3)---Rejection of plaint---Bar against remedy before Civil Courts---Plaintiff assailed allotment of suit property to defendants on the ground that the same was not evacuee land and was wrongly allotted by Settlement Authorities---Lower Appellate Court and High Court concurrently rejected the plaint filed by plaintiff on the ground that the same was barred under law---Plea raised by plaintiffs was that after repeal of Settlement Laws, the only remedy available to plaintiffs against illegal allotment of land was through a declaratory suit---Validity---Remedy before Civil Court was barred under S. 41 of Pakistan Administration of Evacuee Property Act, 1957, and Ss. 22 and 25 of Displaced Persons (Land Settlement) Act, 1958---Suit instituted by plaintiffs was time-barred, as the suit-land was provisionally allotted to ancestors of defendants in year, 1952-53 and thereafter whole process of such transfer in their favour was completed much before repeal of Settlement Laws---Order of rejection of plaint passed by revisional Court was based on proper application of relevant provisions of law and was unexceptionable---High Court in exercise of its jurisdiction under Art. 199 of the Constitution, while examining the grievance of -Petitioners had rightly upheld findings of revisional Court against plaintiffs regarding rejection of plaint, as the suit was barred under S. 41 of Pakistan Administration of Avacuee Property Act, 1957 and Ss. 22 and 25 of Displaced Persons (Land Settlement) Act, 1958---Supreme Court declined to interfere in the order passed by High Court---Leave to appeal was refused. JUDGMENT ANWAR ZAHEER JAMALI, J. ---In a suit for declaration and permanent injunction, precisely seeking the relief that the land detailed in para No. 1 of the plaint was not an evacuee property, but muslim non-evacuee ancestral property of the -Petitioners, an application under Order VII, Rule 11, C.P.C.…

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