Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Constitution of Pakistan, 1973

Section: 199

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 172(1)(2)(vi),53

(a) Specific Relief Act (I of 1877)-------S. 42---West Pakistan Land Revenue Act (XVII of 1967), Ss.53 & 172(2)(vi)---Civil Procedure Code (V of 1908), O. VII, R.11---Plaintiff filed suit for declaration on the ground that he was owner in possession of the disputed property and entries of sale mutations in favour of defendants were wrong and based on fraud---Defendants contested suit and filed an application under O. VII, R.11, C.P.C. and contended that the suit was barred by the provisions of S.172(2)(vi) of the West Pakistan Land Revenue Act, 1967---Trial Court dismissed application of the defendants while the revisional court allowed the same and rejected plaint of the suit being barred by law---Validity---Section 42 of the Specific Relief Act, 1877 and S.53 of West Pakistan Land Revenue Act, 1967 provided a remedy to an aggrieved person to approach civil court through a suit for declaration for any wrong entry in the record of rights affecting his rights---Exercise of jurisdiction by the revisional court under O. VII, R.11, C.P.C. regarding bar of jurisdiction of civil court under S.172 of the West Pakistan Land Revenue Act, 1967 on the face of it appeared to be against the law which was not maintainable---Matter involving question of fact requiring proof through production of evidence should not be rejected summarily but after framing of issues and recording of evidence pro and contra which had not been done---High Court allowed constitutional petition and set aside impugned order of rejection of plaint and remanded the case to Trial Court to decide the matter in the light of said observations. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ---S. 172(1)(2)(vi)---Jurisdiction of Civil court---Scope---Civil court, if had taken in .hand the function assigned to the revenue courts regarding discharge of their functions in that case its jurisdiction would be barred. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 172(1)(2)(vi)---Jurisdiction of civil court---Scope---Civil court would have no jurisdiction in the matter wherein the Government, the Board of Revenue or any Revenue Officer was empowered by the West Pakistan Land Revenue Act,…

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