Law:

Section:

(a) Cantonments Act (II of 1924)---S. 273---Specific Relief Act (I of 1877), S. 42---Civil Procedure Code (V of 1908), O. VI, R. 7---Suit for declaration, mandatory and permanent injunction---Notice under S.273, Cantonments Act, 1924---Departure from pleadings---Effect---Plaintiffs filed suit seeking declaration to the effect that they were lawful and legal allottees of the shops in question---Suit was dismissed concurrently---Validity---No notice as required under S. 273 of the Cantonments Act, 1924 had been served upon the defendants---Plaintiffs had filed amended plaint to avoid such legal obligation to seek mandatory and permanent injunction in lieu of declaration---Such act was departure from pleadings and inconsistent with the previous pleadings and prayer which were not permissible under the law---Civil court had no jurisdiction to entertain the suit of the plaintiffs---Impugned s and decrees of courts below were well founded which were passed on proper appreciation of evidence and legal provisions of law---Courts below had neither exercised discretion not vested in it by law nor had failed to exercise jurisdiction so vested by law nor had acted illegally or with material irregularity---Suit was rightly dismissed by the courts below---Revision was dismissed in circumstances. (b) Cantonments Act (II of 1924)--- ----S. 273---Notice---Object---Object of notice under S. 273 of the Cantonments Act, 1924 was to provide a course or mechanism to a person who was aggrieved of an act done or purported to be done for speedy redressal of his grievance at departmental level---In case the grievance was not attended to within two months from the date of service of notice on the Board, member or servant of the Board, then act complained of could be brought to the court---Such course was available where the act complained of was performed or proposed to be carried out fell within the four corners of the Cantonments Act, 1924 or of any rules or bye-laws made thereunder. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---The facts leading to the instant civil revision are that on 18-2-2009 Hashim Ali and others petitioners/plaintiffs have filed a suit for declaration to the effect…

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