Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 185(2)(d) 185(e)

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Constitution of Pakistan, 1973, Art. 185(2)(d) & (e)-- Suit for Declaration--Gift Mutation--Board of Revenue--Civil Revision--Revenue Jurisdiction--Civil Court Jurisdiction--Doctrine of Election--Exhaustion of Remedies--Jurisdictional Defect--Mala fide--Concurrent Findings--Where a litigant had exhausted the remedies before the Revenue Authorities and failed to establish any jurisdictional defect or mala fide, a subsequent suit for declaration before the Civil Court was not maintainable, and the doctrine of election barred a second recourse--Once such revenue forums had been exhausted, the civil court was approached as a second bite to cherry as neither any jurisdictional flaw had been shown nor any mala-fide had been shown--Thus, in absence of these, a second recourse could not be provided to litigant--Once choice of forum to confer jurisdiction had been exercised, doctrine of election also came in the way--Suit was rightly dismissed and Court did not find any reason to interfere in findings recorded--Appeal dismissed.                                                                                               [P. 471] A Mr. Dil Muhammad Alizai, ASC for Appellants. Mr. Intizar Muhammad Khan, ASC and Ch. Muhammad Aslam Ghuman, ASC for Respondents No. 2-3. Died (issueless) for Respondent No. 1. Ex-parte Respondents No. 4-7. Date of hearing: 20.05.2026. Order Muhammad Shafi Siddiqui, J.--This appeal has been filed by the appellants under Article 185(2)(d)(e) of the Constitution of the Islamic Republic of Pakistan, 1973, as of right, against judgment dated 12.09.2017 passed by the Lahore High Court, Multan Bench, Multan, whereby civil revision filed by the…