Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 172,146

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 172,146

West Pakistan Land Revenue Act (XVII of 1967)-------Chap. XI [Ss.135 to 150]---Civil Procedure Code (V of 1908), S.9---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Partition of land---Plaintiffs had challenged the order of Revenue Assistant on the ground that partition-deed in respect of suit land was contrary to the partition order passed by Revenue Assistant and that partition-deed issued by Revenue Assistant was without hearing the plaintiffs, without notice, against law, mala fide and in violation of the provisions of West Pakistan Land Revenue Act, 1967---Jurisdiction of civil court---Scope---Section 9, C.P.C. had conferred jurisdiction upon the civil court to hear, determine and adjudicate a cause by exercising their judicial power and authority---Civil court is granted general jurisdiction to try all suits of civil nature, unless their cognizance was specifically or impliedly barred---For the purpose of determining the question of jurisdiction, the recitals in the plaint had to be considered and the question be decided on the basis of facts alleged in the plaint---Section 9, C.P.C. had conferred wide powers in the civil court to determine whether court of special jurisdiction had acted in accordance with law; and limits imposed upon it by law---When the jurisdiction of civil court was expressly barred and conferred upon special tribunal, civil court being courts of ultimate jurisdiction had the jurisdiction to examine the acts of such forum, whether those were in accordance with law; within sphere allotted to it by such law; illegal, mala fide or contrary to principles of natural justice---Civil court could determine whether a was obtained on the basis of fraud and a functionary had exceeded its jurisdiction; and its order was nullity in the eyes of law---Where the statutory provision had not been complied with, the civil court could set aside such ---Under Chapter XI of West Pakistan Land Revenue Act, 1967, Revenue Courts had exclusive jurisdiction to decide the question relating to the partition of land; and the civil court could not question the correctness of the decision of Revenue Court based on law and valid exercise of…

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