Law: Civil Procedure Code (V of 1908)

Section: 9,3

(a) Balochistan Government Lands and Buildings (Recovery of Possession) Ordinance (IX of 1966)--- ----Ss.5, 10---Civil Procedure Code (V of 1908), S.9---Eviction of unauthorized occupants---Jurisdiction of Civil Court barred---Scope---Jurisdiction of Civil Court is curtailed from passing temporary injunction or ad-interim injunctive order in any suit restraining the Government or any officer authorized by it from taking possession of any land or building under the Balochistan Government Lands and Buildings (Recovery of Possession) Ordinance, 1966, from a person found in an illegal and unauthorized possession of the government land or building---Words “no court shall” used in S. 10 of the Balochistan Government Lands and Buildings (Recovery of Possession) Ordinance, 1966 places an embargo on the jurisdiction of Civil Courts in relation to grant of ad-interim or temporary injunction. (b) Civil Procedure Code (V of 1908)--- ----O.XLIII, R.3---Notice before presentation of appeal---Scope---Sub-rule (1) of R.3 of O.XLIII, C.P.C., requires that the party preferring an appeal against any of the order prescribed by O.XLIII, R.1, C.P.C., made during pendency of the suit must give notice of such appeal to the respondent or his advocate before presenting the appeal by delivering a copy of memorandum of appeal along with a copy of order appealed against in order to satisfy the Appellate Court that R.3 of O.XLIII, C.P.C., has been complied with---Appellant should obtain acknowledgment receipt to the effect that copy of the appeal has, indeed, been received by the respondent or his advocate---Purpose of O.XLIII, R.3, C.P.C., is to avoid the delay that is occasioned in issuance of notice to the respondent and having service effected on the respondent in a case where the main suit is still pending adjudication and only the correctness of some interlocutory order is under question---Provisions of O.XLIII, R.3, C.P.C., are mandatory---Appeal preferred without compliance of this mandatory provision would not be maintainable and liable to rejection---In such case, the appellant may file appeal afresh, subject to limitation, after complying with the mandatory provision and fresh…

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