Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,O.XLIII,R.1,Ss.9,104,115

Law: Specific Relief Act, 1877

Section: 42

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

Section: 53,172

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11, Ss. 9 & 115---West Pakistan Land Revenue Act (XVII of 1967), Ss. 53 & 172---Specific Relief Act (I of 1877), S. 42---Suit for declaration for correction of Khasra Girdawari---Rejection of plaint---Revision---Maintainability---Scope---Plaintiffs filed suit wherein defendant moved an application for rejection of plaint which was dismissed concurrently---Contention of defendant was that matter had already been adjudicated upon by the revenue hierarchy---Validity---Grievance of plaintiffs before the revenue authorities was with regard to correction of Khasra Girdawari and when they found not satisfied from the orders of revenue hierarchy, they instituted civil suit under S. 53 of West Pakistan Land Revenue Act, 1967---Dispute with regard to ownership over the suit property was between the parties---Revenue authority directed plaintiff to seek his remedy from civil court when question of ownership was agitated by the defendant---Simple question with regard to correction of undisputed entries would fall within the jurisdiction of revenue authorities under S. 172 of West Pakistan Land Revenue Act, 1967---Complicated and intrinsic question with regard to such entries which would interfere with the rights of a person could be agitated before the civil court under S. 53 of West Pakistan Land Revenue Act, 1967---Subject matter of dispute between the parties was not a simple question of correction of entries in the present case but same was with regard to claim of ownership over the disputed property which would fall within the exclusive jurisdiction of civil court under S. 9, C.P.C.---Present revision against the impugned order was not maintainable as same remedy had already been availed from the Lower Appellate Court---No illegality or irregularity had been pointed out in the impugned ---Revision was dismissed in circumstances. Rastamal Khan v. Nabi Sarwar Khan 1996 SCMR 78 and Mst. Bano alias Gul Bano v. Begum Dilshad Alam 2011 CLC 88 rel. (b) Civil Procedure Code (V of 1908)--- ----O.XLIII, R.1, Ss.104, 115 & O. VII, R.11---Specific Relief Act (I of 1877), S.42---Suit for declaration---Rejection of…

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