Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 11

Punjab Border Area Regulation (MLR 9 of 1959)--- ----Paras. 14 15---Specific Relief Act (I of 1877), Ss. 42 54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration and injunction---Civil Court, jurisdiction ofs/plaintiffs assailed mutation of inheritance attested in favour of respondents/defendants---Plaint was rejected by Trial Court and Lower Appellate Court on the ground that jurisdiction of Civil Court was barred---Validity---Jurisdiction of Civil Court was ousted under Paras. 14 15 of Punjab Border Area Regulation, 1959, except the matters not covered thereunder---Both the Courts below while rejecting plaint did not discuss as to whether real contest between parties was allotment of property or dispute was regarding transaction subsequent to allotment or question to be determined was about legal heirs and inheritance of deceased allottee--- Such question could be determined by providing a chance to parties to lead their evidence and exhibit relevant documents---Parties without bringing relevant documents on record by way of making them exhibits were unable to admit or deny documents attached with petition under S.115 C.P.C.---High Court set aside s and decrees passed by two Courts below and remanded the matter to Trial Court as parties neither admitted nor denied the documents---High Court directed the Trial Court to decide application under O.VII, R.11, C.P.C. after framing of issue of jurisdiction and providing opportunity to parties to lead evidence on the issue---Revision was allowed accordingly. Jan Muhammad through Mubarik Ali and others v. Nazir Ahmad and others 2004 SCMR 612; Wali Muhammad v. Ellahi Bakhsh through LRs. and others 2005 SCMR 1526; Abdul Rehman v. Member (Revenue), Board of Revenue, Punjab, Lahore and 2 others PLD 1989 SC 246; Subedar Sardar Khan through Legal Heirs and others v. Muhammad Idrees through General Attorney and another PLD 2008 SC 591; Mir Sahib Jan v. Janan 2011 SCMR 27; Begum Hafizunnisa Qureshi and others v. Shaikh Muhammad Hussain and others 2003 CLC 1156 and Mehr Muhammad Siddique v. Pervaiz Iqbal 2011 CLC 128 ref. Province of Punjab and others v. Member (Colonies) Board of Revenue, Punjab and…

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