Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Civil service---Appointment---Predecessor of plaintiff donated land for construction of school on the condition of appointment of plaintiff in government service---Plaintiff claimed his appointment on basis of donation of land by his predecessor---Validity---Appointment to a position in public department was to be made according to prescribed procedure---Donation of land conditional with appointment being illegal agreement between donor of land and the department to the effect that plaintiff would be appointed in service, was not recognized by law---Donation of land by predecessor of plaintiff did not confer any legal character or entitlement for appointment in government service. Munawar Khan v. Niaz Muhammad and 7 others 1993 SCMR 1287 and Umer Said and others v. District Education Officer (Female) and others 2007 SCMR 296 rel. (b) Civil Procedure Code (Act V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), S.42---Suit for declaration with permanent injunction---Cause of action---Plaint not disclosing any cause of action should be buried at its inception. S.M. Shafi Ahmad Zaidi through legal heirs v. Malik Hassan Ali (Moin) through legal heirs 2002 SCMR 338; Raja Ali Shan v. Messrs Essem Hotel Limited and others 2007 SCMR 741 and Mir Sahib Jan v. Jana 2011 SCMR 27 rel. (c) Constitution of Pakistan--- ----Art. 189---Judgment of Supreme Court being directive in nature was to be strictly followed. ORDER MUHAMMAD DAUD KHAN, J.--- Through this Revision Petition, the petitioner has challenged the judgments and decrees of Civil Judge-XI, Bannu dated 16-12-2013 and of learned District Judge, Bannu dated 19-6-2014, vide which the suit of the petitioner/plaintiff was rejected under Order VII, Rule 11, C.P.C. 2. Briefly stated facts are that the petitioner/plaintiff Awas Khan (hereinafter called as petitioner) filed a suit against the respondents/ defendants for declaration and permanent injunction. The petitioner contended that one Abbas Khan, his predecessor and other pro forma defendants had donated certain land to the respondents/department for the construction of a school in…

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