Law:

Section:

(a) Northern India Canal and Drainage Act (VIII of 1873), S.68-Warabandi-Order of Divisional Canal Officer final with regard to crop sown or growing but not with regard to subsequent crops. (b) Northern India Canal and Drainage Act (VIII of 1873), S. 68-Civil suit to set aside modification of warabandi-Temporary injunction to preserve status quo pending decision of suit-Issue of, not barred. Held, that the Civil Court was competent to issue an injunction with regard to the future operation of the Divisional Canal Officer's warabandi order modifying an existing warabandi. There is nothing in the Canal and Drainage Act to indicate that when the jurisdiction of Civil Courts to give a final adjudication has been saved, the provisions of the Code in procedural matters would be inapplicable. The object off obtaining the temporary injunction is not to have the order passed by the Divisional Canal Officer rescinded during the pendency of the suit, but is to have its operation suspended during that period. Such an order, does not come into conflict with the provisions of section 68 of the Canal and Drainage Act. If the Civil Court is competent to entertain and decide the dispute between the parties there is no reason why the procedure applicable to that Court should not be applied for passing incidental or supplemental orders. Adaikappa v. Chandrasekhara P L D 1947 P C 279 rel. Reference by the President under Art. 162 of the Constitution of Pakistan P L D 1957 S C (Pak.) 219 not applicable. JUDGMENT The petitioner and respondent No. 1 are owners of land on Chah Musawala, situated in the area of village Bhaini, Tehsil and District Multan. Their lands are irrigated by a water-course which takes its supply from outlet No. 28662/R. The lands of the remaining respondents are also irrigated by the same water­course. On the 30th May 1955, on the application of the petitioner, given under section 68 of the Canal and Drainage Act, 1873, the Divisional Canal Officer passed an order fixing the turns of water of all the persons whose lands were irrigated by this water-course. Respondent No. 2 gave another application in the year 1957, under the same provision of law, for…

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