Law: Civil Procedure Code (V of 1908)

Section: 9,VII,10

Law: Cantonments Act, 1924

Section: II,108

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Civil Procedure Code (V of 1908)--- ----S.9 & O.VII, R.10---Cantonments Act (II of 1924), S.108---Constitution of Pakistan, Art.199---Constitutional petition---Courts below returning the plaint--Administrative notice for removal of encroachment, challenge to---Suit for injunction and possession---Maintainability---Jurisdiction of Civil Court--Scope---Brief facts were that the petitioners instituted a civil suit seeking permanent injunction and possession in respect of immovable property after a notice for removal of alleged encroachment was issued by the Cantonment Executive Officer under S.108 of the Cantonments Act, 1924; during the pendency of the suit, the Trial Court, instead of deciding the application for temporary injunction, returned the plaint under O.VII, R.10, C.P.C. for presentation before the proper forum, which order was upheld by the District Court in revision, whereupon the petitioners invoked the constitutional jurisdiction of the High Court through the present writ petition---Held: Notice issued under S.108 of the Cantonments Act, 1924 being administrative in nature and having the effect of affecting the civil rights of the petitioners raised issues that were of a civil nature---These include questions relating to title, possession, lawful occupation, and alleged encroachment, which fell well within the scope of civil adjudication---Moreover, there was no express bar under the Cantonments Act, 1924, that ousted the jurisdiction of Civil Courts in matters where executive actions were challenged on the grounds of illegality, arbitrariness, malice, or want of jurisdiction---Courts below erred in law by returning the suit filed by the petitioners which was maintainable--Constitutional petition was allowed, in circumstances. Mardan Ways SNG Station v. General Manager SNGPL and others 2022 SCMR 584 rel. (b)    Civil Procedure Code (V of 1908)--- ----S.9---Alternate remedy in a statute, availability of---Effect upon jurisdiction of Civil Court---Where impugned action is without lawful authority---Scope--Even where an alternative remedy may be available under the statute (such as appeal or revision before a…