Law: Sindh Land Revenue Act, 1967

Section: 172

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Sindh Land Revenue Act (XVII of 1967)--- ----S. 172---Civil Procedure Code (V of 1908), O.VII, R.11---Correction of revenue record by Revenue Officer---Jurisdiction of civil court---Scope---Suit for declaration---Plaint, rejection of---Scope---Suit was filed against the order of Revenue Officer but plaint was rejected---Validity---Function of Revenue Officer was to prepare the correct Revenue record in the light of evidence with regard to one's title or interest---Jurisdiction of Civil Court was barred in matter of correction of entries made by the Revenue Officer---Member, Board of Revenue had passed impugned order after verifying the original record---Civil Court's jurisdiction was barred to call in question said order---Declaratory relief was discretionary in nature---Plaintiff who sought discretionary relief must come to the Court with clean hands---Plaintiffs had claimed their right and title over the suit property on the basis of fabricated and false entry---Basic entry had been held to be fabricated and false by the Member, Board of Revenue after verification of original record---No cause of action had accrued to the plaintiffs to call in question the said order by filing of declaratory suit---Incompetent suit should be buried at its inception---Parties coming before the Court were required to place before it all facts and necessary material---When such facts and material were brought to the notice of Court, same could be deemed to be part of plaint even if not pleaded and placed before the Court---Plaintiff could not exonerate him from the operation of law---Plaint not disclosing such material facts could be rejected by taking into consideration the said facts judicially noticeable---Both the Courts below had looked into the admitted/ undisputed documents and facts and rightly rejected the plaint---Order VII, R. 11, C.P.C. could be applied for rejection of plaint irrespective of the fact that whether suit was at stage of disposal of interlocutory application or even it was somewhat earlier stage---No illegality or infirmity or jurisdictional defect had been pointed out in the impugned orders passed by the Court below---Revision was dismissed in…

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