Law: Punjab Waqf Properties Ordinance, 1979 

Section: 7,10,21,23

Law: Civil Procedure Code (V of 1908)

Section: 11

Punjab Waqaf Properties Ordinance (IV of 1979)--- ----Ss.7, 10, 2123---Civil Procedure Code (V of 1908), O.VII, R.11---Bar of jurisdiction---Rejection of plaint---Petitioners/plaintiffs were aggrieved of notification under S.7 of Punjab Waqaf Properties Ordinance, 1979, whereby mosque and shops were taken over by Auqaf Department---Lower Appellate Court rejected the suit under O.VII, R.11, C.P.C.---Validity---Petitioners/plaintiffs lacked cause of action as well as locus standi to maintain their suit before Trial Court, whose jurisdiction was barred to make any indulgence---Suit amounted to pre-empting an action under Punjab Waqaf Properties Ordinance, 1979 and circumventing the law so as to defeat its purpose--- Remedy was provided in Punjab Waqaf Properties Ordinance, 1979 through a petition before District Court--- Legislature by promulgation of Ss. 21 23 of Punjab Waqaf Properties Ordinance, 1979, excluded jurisdiction of Civil Court in respect of proceedings and intended action---When law desired a thing to be done in a defined way then it was to be performed in that manner alone---When jurisdiction of Civil Court was ousted then no further inquiry was needed, plaint was rightly rejected at its inception---Revision was dismissed, in circumstances. Chief Administrator Auqaf and another v. Haji Muhammad Sharif and another 1999 SCMR 2795 rel. JUDGMENT CH. MUHAMMAD MASOOD JAHANGIR, J.--- Inessential detail apart, Chief Administrator Auqaf, Punjab initially issued Notification of 14th May, 1979 under section 7 of The Waqaf Properties Ordinance, 1979, which was further amended through another Notification of 20th May, 1980, whereby mosque and Khanqah Sidiq Ali Shah alias Sirki Shah along with five shops bearing khasra No.9873 were taken over as well. The present petitioner accompanied by proforma respondents Nos.7 to 12 on 13.02.2002 to dispute the said Notifications instituted declaratory suit asserting that the subject shops were not part of khasra No. 9873, rather those fell within the boundaries of adjoining khasra No.9874, therefore, respondents/defendants be permanently restrained from dispossessing them. The Auqaf Department/respondents Nos.1 to 3 made…

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