Law: Specific Relief Act, 1877

Section: 39,42

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10(2)

(a) Jurisdiction--- ----Special remedy before an authority, availability of---Bar of jurisdiction of civil court---Where a special remedy was provided for under the law, it may not be bypassed and the Civil Courts should not be approached directly without exhausting the highest forum in the authority---Furthermore, the jurisdiction of Civil Courts was also impliedly barred where an alternate remedy had been provided under the law, provided that the authority was not exercised in excess of the jurisdiction conferred upon the authority. Hakam and others v. Tassadaq Hussain Shah PLD 2007 Lah. 261; Zahid Hussain and 10 others v. Shamasuddin and 9 others 2014 CLC 1334; Muhammad Jalat Khan v. Faisal Hayat Khan and 4 others 2003 CLC 837 and Bashir Ahmed v. Messrs Muhammad Saleem, Muhammad Siddique & CO. (Regd.) and others 2008 SCMR 1272 ref. (b) Document--- ----Registered document--- Presumption of regularity--- When a document was registered or a public functionary prepared a document, took action or passed orders in discharge of his duties performed in due course of law, it had the presumption of regularity attached with it, and that presumption needed to be rebutted with strong evidence. (c) Specific Relief Act (I of 1877)--- ----Ss. 42 & 39---Civil Procedure Code (V of 1908), O. I, R. 10(2)---Suit for declaration and cancellation of a registered public document or attested mutation---Provincial Government and the relevant (revenue) authorities to be made proper parties to such a suit. Non-impleadment of public functionaries in the suits for declaration and cancellation of public documents pertaining to immovable properties, prejudiced the rights of authorities to defend their actions and did not enable the Court to decide the matter effectively and adjudicate completely. Therefore, under Order I, Rule 10(2) of the Code of Civil Procedure, 1908, the Provincial Government and the relevant authorities should be made proper parties to a suit in which an attested mutation or registered sale deed, etc. or otherwise a registered document, has been challenged. Muhammad Arif and others v. District and Sessions Judge, Sialkot and others 2011 SCMR 1591 and Islamic…

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