Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 9 & O.VII, R. 11---West Pakistan Immovable Property Tax Act (V of 1958) S. 22---Suit for recovery of amount illegally recovered from plaintiff--­Rejection of plaint---Suit for recovery of amount illegally recovered by defendant as property tax from plaintiff as well as for payment of damages was resisted by defendant on ground that Court had no jurisdiction to try such suit, but was triable by Authority provided under West Pakistan Immovable Property Tax Act, 1958---Suit filed by plaintiff was not against imposition of property tax, but was for recovery of amount which had allegedly been recovered by defendant illegally and unauthorisedly from plaintiff and for payment of damages---Such type of suit definitely was beyond scope of jurisdiction of Authorities under West Pakistan Immovable Property Tax Act, 1958 but was a dispute which could only be tried by Civil Court---Order of Trial Court rejecting plaint on ground that Civil Court had no jurisdiction to try suit, was erroneous and was rightly set aside by Appellate Court below Hamid Hussain v. Government of West Pakistan and others 1974 SCMR 356 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 9, 0.1, R. 9 & O.VII, R.11---Rejection of plaint---Suit for recovery of amount illegally recovered from plaintiff ---Non-joinder of party---Effect---Suit for recovery of amount illegally recovered by defendant from plaintiff as property tax, was resisted by defendant on ground that suit was bad for non­ joinder of Province of Punjab as a party to suit---Province of Punjab was not a necessary party to suit inasmuch as suit had been filed by plaintiff against defendant in his personal capacity---Even if Province of Punjab was required to be impleaded as party, plaint could not have been rejected on that ground, but direction could have been given to plaintiff to implead Provincial Government as party---Order of Trial Court rejecting plaint simply for not impleading Province of Punjab as a party to suit, was erroneous especially when Trial Court had not at all determined as to whether Province of Punjab was a necessary or a proper party---Merely because defendant was…

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