Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.VII, R.11(d)---Land Acquisition Act (I of 1894), Ss. 4 & 11---Suit for declaration---Maintainability---Limitation---Rejection of plaint---Scope---Suit barred under Land Acquisition Act, 1894---Enquiry and award by Collector under Land Acquisition Act, 1894---Status---Plaintiff filed suit for declaration claiming ownership and possession of suit property challenging award under which defendant had acquired the suit property---Trial Court dismissed the suit under O.VII, R. 11(d), C.P.C. on ground that the same was barred under Land Acquisition Act, 1894--Appellate court setting aside and decree of Trial Court remanded the case for decision afresh---Validity---Award under Land Acquisition Act, 1894 had acquired status of and decree---Trial Court could examine other record while deciding application under O. VII, R. 11, C.P.C.---Suit was also barred by limitation as the same had been filed after twenty-five years of transfer of suit property in name of defendant through mutation---Appellate court's order of remand directing Trial Court to record evidence was not sustainable---High Court, setting aside impugned order of appellate court, maintained and decree of Trial Court---Revision petition was accepted in circumstance. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4 & 11----Enquiry and award by Collector---Status---Award under Land Acquisition Act, 1894 had acquired status of and decree. PLD 1993 Kar. 578; 2010 CLC 610; PLD 2012 SC 247; 1994 MLD 2007; 1994 MLD 2345; 2000 CLC 1633 and 2002 SCMR 338 rel. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:----------- Through this revision petition under Section 115, C.P.C., the petitioners, Messrs Telephone Industries of Pakistan (Pvt.) Ltd., Haripur, through its Managing Director and another call in question order dated 01.04.2010 of the learned Additional District Judge-I, Haripur, in Civil Appeal No.10/13 of 2010, whereby judgment and decree of Civil Judge-III, Haripur was set-aside and the case was remanded to the learned trial Court with the direction to record pro and contra evidence of the parties and thereafter decide the case on merits. 2. Earlier,…

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