Law: Sindh Land Revenue Act, 1967

Section: 135,161

Law: Civil Procedure Code (V of 1908)

Section: 11

Sindh Land Revenue Act (XVII of 1967)--- ----Ss. 135 & 161---Civil Procedure Code (V of 1908), Ss. 9 & O. VII, R.11---Application for partition---Jurisdiction of Civil Courts---Rejection of plaint---Appellate court maintained the order of the Trial Court rejecting the plaint of the suit under O. VII, R. 11, C.P.C. being not maintainable---Validity---Respondents filed an application for partition of the suit property in terms of S. 135 of the Sindh Land Revenue Act, 1967, and the Assistant Commissioner passed an order which was impugned by way of filing of a suit by the applicant notwithstanding the fact that such order was an appealable order in terms of S. 161(b) of the Sindh Land Revenue Act, 1967---Civil Court is a Court of ultimate jurisdiction and can in exceptional circumstances entertain a suit in respect of revenue matters and even against orders of the Revenue Authorities---Neither the order passed by the Revenue Authority was lacking jurisdiction; nor any mala fide intent or action had been brought on record; nor present case was a case wherein the remedy provided in law could be bypassed---Civil Court was not competent to interfere where Revenue Courts/ Authorities had exclusive jurisdiction---Mere filing of a suit without any restraining orders, interim or final, does not preclude partition of a property, if otherwise lawful---Courts below had arrived at a fair, just and legal conclusion while rejecting the plaint in the suit---Revision was dismissed accordingly. Province of West Pakistan's case PLD 1960 (W.P) Karachi 908 rel. JUDGMENT MUHAMMAD JUNAID GHAFFAR, J.---Through this Civil Revision Application, the Applicant has impugned judgment and decree dated 10-06-2000 and 15-06-2000, respectively, passed by the IInd Additional District Judge, Ghotki in Civil Appeal No.23 of 1998, whereby order and decree dated 22-06-1998 and 26-06-1998, respectively, passed by the Senior Civil Judge, Ghotki in F.C. Suit No.30 of 1997, through which the Plaint in Suit of the Applicant was rejected in terms of Order VII, Rule 11, C.P.C., has been maintained. 2. Learned Counsel for the Applicant has contended that the Courts below were not justified in…

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