Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 53---Settlement of Immovable Property Disputes (Dir and Swat) Regulation [MLR 123], paras 3 & 5-A---Civil Procedure Code (V of 1908), S.9 & O.VII, R.10---Suit for declaration---Suit land situated in Swat, finding mention in revenue record in name of Provincial Land Commission claimed by plaintiffs to be their ancestral property or property purchased by them, thus, prayed for declaring such entries to be wrong and ineffective on their ownership rights---Jurisdiction of civil court---Scope---Land Commission was custodian of properties of Ex-Ruler of Swat and his legal heirs, who were made party in such suit---Plaintiffs claimed their ownership of properties, which were basically owned by Ex-Ruler---Such dispute between the parties would fall within scope of para.3(1) of MLR-123 and would be determinable by a person specially authorized by Provincial Government---Civil Court by virtue of para. 5-A of MLR-123 had no jurisdiction to entertain such dispute---Plaint was returned to plaintiff for its presentation before proper forum. PLD 1990 Pesh. 91 ref. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 10---Court lacking jurisdiction to entertain a suit---Effect---Dismissal of suit for want of jurisdiction in such case would not be appropriate, rather plaint should be returned to plaintiff---Court while returning plaint along with necessary documents, should retain photo copies thereof for its own record. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---This single judgment shall dispose of instant Civil Revision No.5 of 2002 as well as Civil Revisions No. 382/2003, 613/2004, 873/2004, 603/2005 and 470/2002 as common question of law is involved in all the above referred civil revisions. During the course of hearing, the learned AAG had raised preliminary objection with regard to the maintainability of these civil revisions as the jurisdiction of any court or authority to entertain such like matters was barred under the MLR, 123. The learned counsel for the petitioners had sought some time to assist the court regarding the preliminary objection. 2. Today the learned AAG and learned counsel for the…

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