Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 115---Revisional jurisdiction of High Court---Scope---­Concurrent findings of facts of courts below, if based on proper appreciation of evidence, could not be interfered in such jurisdiction---Such jurisdiction was meant for correction of jurisdictional defect/error and material illegalities/irregularities resulting in miscarriage of justice to a party. (b) Jurisdiction--- ----Consent of parties could neither confer nor take away jurisdiction of a Court/Tribunal unless so conferred or barred by law---Bounden duty of every Court/Tribunal would be to examine issue of maintainability of suit or bar of its jurisdiction at the earliest opportunity---Court/Tribunal could not bypass such issue on mere concession of a party or his counsel---Principles. (c) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 10 & 36---West Pakistan Land Revenue Act (XVII of 1967), S.161---Civil Procedure Code (V of 1908), S. 9---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Resumption of State land by Colony Officer due to non-fulfilment of required pre-conditions by the plaintiff---Jurisdiction of civil court to entertain such suit---Scope---Plaintiff had not availed remedy of appeal under S. 161 of West Pakistan Land Revenue Act, 1967, thus, jurisdiction of civil court was impliedly barred---Jurisdiction to resolve such dispute exclusively vested with Revenue Courts. Abdul Hamid v. Province of the Punjab 1989 SCMR 1741; Alam Sher v. Muhammad Sharif 1998 SCMR 468; Muhammad Ali v. Province of Punjab 2005 SCMR 1302 and Province of the Punjab v. Yaqoob Khan 2007 SCMR 554 ref. Razzaq A. Mirza, Additional Advocate-General, Punjab for Appellants. Qazi Khurshid Alam Siddiqui, Advocate Supreme Court for Respondent. Irfan Qadir, Deputy Secretary (Colonies), BOR and Shakeel Ahmed, Colony Assistant, Office of the Distt. Collector, Bhakkar on Court Notice. Date of hearing: 29th February, 2012. JUDGMENT ANWAR ZAHEER JAMALI, J.---This civil appeal with the leave of the Court assails the judgment dated 21-3-2002 in Civil Revision No.358-D of 1994 (re: Ali Muhammad v. Administrator, Thal Development and another)…

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