Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ---- O. VII, R. 11, O. XXXIX, Rr. 1 & 2 ---Punjab Land Revenue Act (XVII of 1967), Ss.172 & 53---Correction of entries in the revenue record---Rejection of plaint while deciding petition for temporary injunction---Scope---Trial Court while disposing of application for grant of temporary injunction rejected the plaint but Appellate Court remanded the case for decision afresh---Validity---Matter in issue was not restricted to correction of entries made by the revenue officer in ordinary course of his business but plaintiff had questioned the entries in the revenue record on the ground that such entries were made illegally which had affected his rights---Bar on jurisdiction contained in S.172 of Punjab Land Revenue Act, 1967 could not be pleaded as hurdle in exercise of jurisdiction by the civil court in such circumstances---Trial Court rejected the plaint while entertaining petition for grant of temporary injunction---No opportunity was afforded to the plaintiff to explain the competency of the plaint---Provisions of O.VII, R.11, C.P.C. were not meant to surprise the plaintiff by invoking the same in order to non-suit him---Appellate Court had rightly exercised its jurisdiction while setting aside the and decree passed by the Trial Court---No illegality or irregularity had been pointed out in the impugned passed by the Appellate Court---Revision was dismissed in circumstances. Rasta Mal Khan and others v. Nabi Sarwar Khan and others 1996 SCMR 78; Mushtaq Hussain v. Province of Punjab through Collector Jhelum District and 6 others 2003 MLD 109; Ghulam Farid and others v. Province of Punjab and others 2013 MLD 77 and Iftikharul Haq v. District Canal Officer and others 2005 CLC 1740 rel. (b) Punjab Land Revenue Act (XVII of 1967)--- ----Ss. 172 & 53---Correction of entries in the revenue record---Bar on jurisdiction of civil court---Scope---Section 172 of Punjab Land Revenue Act, 1967 excluded the jurisdiction of civil court in the matter with regard to correction of any entry in the record-of-rights, periodical records or register of mutation---Whenever any such entry interfered with a right of a person pertaining…

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