Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Limitation Act, 1908

Section: 14,20

Specific Relief Act (I of 1877)--- ----S.42---Civil Procedure Code (V of 1908), O.VII, R.11---Limitation Act (IX of 1908), Arts. 14 120---Suit for declaration---Rejection of plaint---Suit to set aside any act or order of an officer of Government in his official capacity---Suit for which no period of limitation is provided---Scope---Plaintiff filed suit for declaration to challenge the orders of revenue officials on the grounds of being illegal, without jurisdiction, result of fraud and conspiracy in consequence of undue and illegal influence by a former higher Revenue Officer and reflected act of favoritism to respondent and, as such, was liable to be cancelled---Trial Court rejected the plaint whereas Appellate Court dismissed the appeal---Validity---Suit was apparently not for setting aside of any order simpliciter; but was for annulment of the order on account of lack of jurisdiction, fraud, conspiracy and other grave allegations which, if proved, would have serious effects; while deciding application under O.VII, R.11, C.P.C., only statements in the plaint were to be taken into consideration---Question as to whether suit should be regulated by Art. 14 or Art. 120 of the Limitation Act, 1908 could not be decided without recording of evidence---Issues having already been framed and the case set up for evidence, trial court having already declined the rejection of plaint and said order having been affirmed in revision, the subsequent order of Trial Court on the application under O.VII, R.11, C.P.C., in the given circumstances, was not tenable---Revision petition was allowed, in circumstances and the Trial Court was directed to decide the suit after recording evidence. Malhar v. Government of Sindh and others 2005 CLC 285; F.A. Khan v. The Government of Pakistan PLD 1964 SC 520 and Province of East Pakistan v. A.K.M. Razaul Karim and another PLD 1969 Dacca 280 ref. JUDGMENT RASAAL HASAN SYED, J.--- Petitioner in the instant civil revision assails judgments and orders dated 15.03.2019 and 05.12.2019 of the learned courts below whereby the plaint in a suit for declaration was rejected and appeal thereagainst also failed. 2. Facts as are discernable from the…

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