Law:

Section:

Civil Procedure Code (V of 1908) --------- ----------O. XXIII, R. 1, O. II, R. 2 & O. VII, R. 11 --------- Land Acquisition Act (I of 1894), S.23 --------- Suit for recovery of compensation for acquisition of land --------- Jurisdiction of civil court --------- Withdrawal of suit --------- Fresh suit, filing of --------- Scope --------- Plaint, rejection of --------- Plaintiff filed suit for recovery of compensation for acquisition of land but Trial Court rejected the plaint --------- Validity --------- Earlier, suit of plaintiff for recovery of compensation of acquired land was conditionally withdrawn with permission to file a fresh suit --------- Plaintiff instituted fresh suit with regard to same suit land or part thereof but later on suit was withdrawn unconditionally and was dismissed as withdrawn --------- Present suit was barred under O. XXIII, R. 1 and O. II, R. 2, C.P.C. --------- Land in question was acquired on 30-11-1992 and suit for recovery of compensation was filed on 14-10-2010 which was time barred; besides present suit was outside the jurisdiction of civil court as dispute was with regard to acquisition of land falling within the ambit of Land Acquisition Act, 1894 --------- Trial Court dismissed the suit under O. VII, R. 11, C.P.C. --------- Impugned order was modified and plaint was rejected --------- Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---------- The appellant/plaintiff, Biradar Khan, had lodged suit for recovery of Rs.096360000/- as compensation for acquisition of land bearing Khasra Nos. 784, 786, 791, 792 and 793 measuring 219 Kanals situated in Jallozai Maira, along with 15 % acquisition charges, against the University of Engineering Peshawar, through Vice Chancellor University (respondent No. 1) and Collector Land Acquisition Nowshera (respondent No. 2). While claiming ownership of the land in question, the appellant/plaintiff prayed for recovery of compensation for acquisition of the land by the respondents. The suit was, however, dismissed under Order VII, Rule 11, C.P.C. vide order of learned Civil Judge-VI, Nowshera dated 07.02.2012 on the grounds that; (i)…

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