Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3) Canal and Drainage Act (VIII of 1873), S. 20 Non¬compliance of provision of S. 20 Judgment of trial Court having been armed up to High Court in second appeal bad acquired finality Supreme Court not called upon to examine its correctness¬ Supreme Court having been satisfied that High Court has rightly interpreted of lower Court Leave to appeal refused. ORDER M. S. H. QURAISHI, J. The matter relates to the irrigation outlet to Square No. 31 of the petitioner and his late brother. The outlet which is stated to have been No. 36314/11 had in 1915 been shifted to No., 32426/R. The "error" was rectified by the Canal authorities on 27 10 1961 but the same was declared a nullity in civil action brought by respondents 1 to 3, on the ground of non compliance of the provision of section 20 of the Canal and Drainage Act. Fresh proceeding was undertaken by the Department and an order was made on 31 1 1964 for change of the outlet but again the order was struck down in a suit for declaration and injunction and the decree thus passed was maintained up to the High Court in Second Appeal No. 562 of 1970 decided on 24 4 1973. However, the Canal authorities once again commenced proceeding for shifting the outlet which led to the filing of an application by the said respondents under Order XXI, rule 32, C. P. C. for action against the Canal authorities. The Civil Court, upon the view that the Divisional Canal Officer had been restrained for all times to come from re opening the matter, ordered him to withdraw the proceeding. A revision against the Civil Court's order having been dismissed by the District Judge, recourse was taken by the petitioner to the constitutional jurisdiction of the High Court. His contention there was that as the decree having been passed on account of non compliance of the provision of…

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