Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---West Pakistan Land Revenue Act (XVII of 1967) S. 172---Rejection of plaint---Exclusion of jurisdiction of civil court---Scope---Plaint was rejected by Trial Court on ground that suit was barred under S. 172 of the West Pakistan Land Revenue Act, 1967---Validity---Issues were framed by Trial Court which also included legal issues, however, it adopted a shortcut procedure to the extent that plaint was rejected without any notice to plaintiff when the matter was not fixed for such hearing and even no application was filed or pending before the Trial Court for disposal---Question of jurisdiction could be raised by defendants, however the same could not be dealt with in the manner conducted by Trial Court---Legal issues framed by Trial Court may be mixed questions of law and fact which were yet to be examined by Trial Court on the basis of material on record---Rejection of plaint was not sustainable in law and orders of courts below were set aside---Revision was allowed, in circumstances. ORDER NISAR MUHAMMAD SHAIKH, J.---This Civil Revision Application is directed against the order dated 16-11-2009 passed by the learned IInd Additional District Judge, Karachi West, in Civil Appeal No.56 of 2009 whereby he dismissed the Civil Appeal filed by the applicant against the order dated 19-5-2009 through which the plaint of her Suit No.66 of 2005 was rejected by learned Senior Civil Judge, under Order VII Rule 11, C.P.C. on the ground that the suit is barred under section 172 of the Land Revenue Act. 2. I have heard the learned counsel for the parties and perused relevant record which shows that the property in question owned by deceased Yousuf Gabol, was allegedly gifted by him to his four sons and one nephew vide revenue Entry No.150 dated 28-2-1973 and thereafter, this Yousuf Gabol died on 31-1-1994. Since the daughters of deceased were allegedly deprived of their due share therefore one of them namely Mst. Shah Bibi filed the Suit No.66 of 2005 before the learned Senior Civil Judge, Karachi West, on 15-1-2005 for declaration and permanent injunction, with the following prayers:-- (a) This honourable Court be…

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