Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 9---Jurisdiction of Civil Court---Extent---Ouster of jurisdiction in a statute---Effect---Civil Courts are Courts of general and ultimate jurisdiction; they are Courts of equity as well as of law---Civil Courts have power to determine, notwithstanding the bar having been enacted in the very statute, as to whether Executive Authorities had acted in accordance with the provisions of law or had traveled beyond the authority conferred on them by statute--­Authority when acting in accordance with law, jurisdiction of Civil Court would be excluded, whereas if after scrutiny, it was found that Authority had acted beyond its jurisdiction, Civil Courts have power and authority to examine acts of the Executive---Question of jurisdiction would, thus, depend upon the fact whether jurisdiction vested in Executive Authorities has been properly used, if that is so, Civil Courts cannot step in, otherwise, they have the authority to look into the matter to ascertain if it has been performed according to legal mandate. Sheikh Muhammad Ashraf v. Assistant Registrar, Cooperative Societies and others 1983 CLC 918 rel. (b) Cooperative Societies and Cooperative Banks (Recovery of Loans) Ordinance (XIV of 1966)--- ----S. 8---Cooperative Societies Act (VII of 1925), S. 59(2)---West Pakistan Laid Revenue Act (XVII of 1967), Ss. 95(1), 94(1) & 104---Civil Procedure Code (V of 1908), 0.1, R. 13 & S. 115---Revision---Mode of recovery of outstanding amount against defaulter of loan amount---Recovery of arrears of outstanding amount due to Cooperative Society/Bank has to take place as arrears of land revenue and for recovery thereof, provisions of West Pakistan Land Revenue Act, 1967, would apply---Sale of property in terms of S. 95(1), West Pakistan Land Revenue Act would not take place until after expiration of at least thirty days from the date of proclamation---Where proclamation was issued on 15-4-1972, and sale had taken place on 18-4-1972 i.e. only after three days, sane was in blatant violation of provisions of S. 95(1), West Pakistan Land Revenue Act, 1967---Non-service of copy of proclamation on petitioner was another violation…

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