Law:

Section:

Civil Procedure Code (V of 1908)-------Ss. 79(b), 80(b), O.XXVII, R.3 & S.115---Specific Relief Act (I of 1877), S.42---Plaintiff filing suit against Forest Department through Divisional Forest Officer and Irrigation Department through Executive Engineer for declaration to the effect that 95 Sheesham trees belonged to him and that defendant Department has no right or authority to bring those trees under their ownership through any demarcation or marking proceedings---Defendants having been served failed to file written statement within three months after issuance of notice---Decree was granted against defendant Department under O.VIII, R.10, C.P.C.---Negligent defendants having not taken any interest instead of filing appeal filed miscellaneous proceedings and when they failed then filed appeal but by that time appeal had become time-barred and same was dismissed---Delay was not condoned in filing of appeal---Validity---Conduct of defendants was so negligent and they had exhibited such irresponsibility qua the property claimed by Government that they never informed their superiors---Plaintiff/decree-holder had meanwhile cut the trees---Leaving aside merits of case, High Court suo motu in terms of S.115, C.P.C. took notice of the fact that suit filed against Divisional Forest Officer and Executive Engineer was in clear violation of Ss.79(b), 80(b) and OXXVII, R.3, C.P.C.---Suit in effect was not against Officers named in plaint but was against Government whose property was sought to be appropriated by plaintiff, therefore, Secretaries of these Departments should have been sued on behalf of Government---Judgments and decrees of Courts below were set aside and case was remanded to Trial Court with direction to invite amended plaint from plaintiff wherein Secretaries of concerned Departments would be impleaded as defendants---Plaintiff having obtained his objective by cutting trees, if did not feel interested, Trial Court would call upon him to deposit price of 95 trees in Court---High Court directed that Secretaries of concerned Departments be sent copy of for taking action against negligent officers. JUDGMENT Muhammad Jan Khan son of Faiz Muhammad of Bacha…

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