Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 92 & O.VII, R.11---Suit for declaration-cum-perpetual injunction---Dispute as to breach of trust of waqf property---Pre-requisites---Non-obtaining permission from the Advocate-General---Effect---Defendant contended that requisite permission was not obtained by the plaintiff so his case was liable to be dismissed---Plaintiff contended that as the matter related to administration of mosque and adjacent property so there was no need to get permission from the Advocate-General---Validity---Wisdom of the Legislature was clear that where any waqf/trust property was involved and everybody was allowed to litigate the matter there would be no end to litigation and everybody would like to build his case according to his own interest and preferences---Infringement of any exclusive right of an individual was not comprehendible and such properties were for the benefit and use of public-at-large or for particular community as a whole---Institution of suit for protection of waqf property had been conditioned with the prior approval of the Advocate-General---When mandatory requirements provided in S.92, Civil Procedure Code, 1908 had not been fulfilled, suit was barred by law and plaint was liable to be rejected under O.VII, R.11, C.P.C.---Once the property was donated for religious or charitable purpose, the ownership of private person extinguished at that moment and he had no right upon such dedicated or donated property---Mosque came in the category of waqf/trust property and came into ownership of Allah Almighty and no person had any right to claim its ownership---High Court inferred that it was only the Mosque which was real bone of contention between the parties, so just to attach some other property in the plaint was not sufficient for the maintainability of the suit---If any cause of action had arisen in respect of the land which was not the part of the Mosque, plaintiff would be at liberty to file fresh suit---No illegality or infirmity having been noticed, appeal was dismissed accordingly. 2013 SCMR 737 and 2015 SCR 845 ref. THIS ORDER PASSED BY: MOHAMMAD SHERAZ KIANI, JUSTICE:---.--- The captioned appeal has been…

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