Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120

Law: Specific Relief Act, 1877Section: 236Punjab Mining Concession Rules, 2002-------R. 236---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Civil Procedure Code (V of 1908), O. VI, R.4---Specific Relief Act (I of 1877), S. 42---Suit for declaration and recovery of money---Excavation of limestone--- Onus to prove--- Facts not mentioned in pleadings---Respondent/plaintiff sought recovery of cost of limestone allegedly excavated by appellants/defendants during construction of road from the area leased to him---Trial Court decreed the suit in favour of respondent/ plaintiff---Validity---Person who alleged a certain fact had to prove the same---No specific incident with regard to when, through whom and how illegal excavation of limestone was done by appellants/defendants---It was also not mentioned in the plaint as to how the limestone was transported---Any evidence led in such regard was beyond the scope of pleadings---Suit filed by respondent/ plaintiff was not maintainable in view of bar contained in R. 236 of Punjab Mining Concession Rules, 2002, as no Court or other authority had jurisdiction to entertain or to adjudicate upon any matter which Provincial Government or Licensing Authority was empowered by or under rules to dispose of or to determine---High Court set aside judgment and decree passed by Trial Court and had dismissed the suit filed by respondent/plaintiff---Appeal was allowed, in circumstances.Sheikh Ishtiaq Ahmad and others v. Muhammad Usman Ali Sheikh and another 2021 SCMR 1277; Muhammad Aslam and others v. Muhammad Anwar 2023 SCMR 1371; Messrs Pak Suzuki Motors Company Limited through Manager v. Faisal Jameel Butt and another PLD 2023 SC 482; Muhammad Ghaffar (Deceased) through L.Rs. and others v. Arif Muhammad 2023 SCMR 344; Moiz Abbas v. Mrs. Latifa and others 2019 SCMR 74; Combined Investment (Pvt.) Ltd. v. Wali Bhai and others PLD 2016 SC 730; Muhammad Nawaz alias Nawaza and others v. Member Judicial Board of Revenue and others 2014 SCMR 914; Messrs Essa Engineering Company (Pvt.) Ltd. and another 2014 SCMR 922; Muhammad Wali Khan and another v. Gul Sarwar Khan and another PLD 2010 SC 295; Abdul Haque and others v. Shoukat Ali and 2…

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