Law: Civil Procedure Code (V of 1908)

Section: O.I,R.8,9,S.91(1)(2)

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.8,9,S.91(1)(2)

(a) Suit for damages-------Construction of embankments, sewage water and soil erosion causing damage to land, houses, trees and crops---Allegation of construction of embankments to save a politician's land---Suit for damages filed by appellants had been dismissed by the Trial Court---Grievance of appellants was that embankments constructed on river had diverted the river course and due to the flood in the year 1976, these embankments were washed away, causing heavy flooding and damage, and that due to diversion and speedy flow caused by inclusion of sewage water of authorities and other canals, their lands had eroded and were covered by river water---Appellants produced Patwaris of the concerned areas as their witnesses, who produced statements (Naqsha Chant) of the lands, which were underneath water due to erosion--Authorities contended that embankments were constructed in good faith and no loss had been caused to the appellants and produced copies of judicial record to show that suits filed by some of the appellants, related to the present matter had been dismissed---Effect---Flood in the year 1976 was one of the biggest floods of the Indo-Pak Sub-continent and it could not be controlled---Provincial Government or Development Authority could not be held responsible for the flood as it was beyond human power to control tides and heavy floods---Said flood spread towards both the sides of the river by running over the embankments, so the appellants could not claim that they were made to suffer so that village of a politician could be saved---Floods and erosions had caused loss to the inhabitants of the area on both banks of the river and was not confined to the appellants---Statements (Naqsha Chant) produced by Patwaris did show the land which was eroded, but such statements did not prove that the authorities were responsible for the same in any manner and one of the appellants in his cross-examination had admitted that embankments were constructed in good faith for welfare of the people and his further admission that loss suffered by appellants was due to the floods in the year 1976, also showed that authorities were not responsible for the same---Trial court…

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