Law:

Section:

West Pakistan Consolidation of Holdings Ordinance (VI of 1960)-------S.26---Civil Procedure Code (V of 1908), O.VII, R.11---Rejection of plaint---Validity---Plaintiff's grievance related to Consolidation Scheme, where­against he had exhausted all remedies up to the Board of Revenue---Plaintiff's plaint was rejected in terms of S.26, West Pakistan Consolidation of Holdings Ordinance, 1960---Provisions of West Pakistan Consolidation of Holdings Ordinance, 1960 would show that preparation of scheme for consolidation allocation of various parcels of land and respective adjustment in the Scheme, to various landowners and objection pertaining to classification etc., were exclusively triable by Authorities functioning under the Ordinance---Aggrieved persons had been allowed right of appeal to Collector, Additional Commissioner and, thereafter, revision to Board of Revenue---Matters which were within exclusive jurisdiction of Board of Revenue or officers in the hierarchy of the Ordinance, could not be called in question by way of civil suit on account of specific ouster of jurisdiction to entertain such suit---Matter in question having been determined by Authorities up to the Board of Revenue, same could not be re-agitated in Civil Court, jurisdiction whereof being barred by S.26, West Pakistan Consolidation of Holdings Ordinance, 1960---Averment in plaint did not show that orders passed by Consolidation Authorities were without jurisdiction or suffered from any legal infirmity, so as to make out case for interference in general jurisdiction of Civil Court---Order of rejection of plaint by two Courts below for lack of jurisdiction under S.26, West Pakistan Consolidation of Holdings Ordinance, 1960, being valid and within jurisdiction, would not call for interference in revisional jurisdiction. Waris and another v. Muhammad Aslam Khan and others PLD 1966 (W.P.) Lah. 342; Mst. Begum Jan and others v. Attique Ahmad and others 1979 CLC 426; Bashir Ahmad and 13 others v. Maula Bakhsh and 24 others 1990 CLC 1241 and Ahmad and others v. Karam Hussain and another 1986 SCMR 1384 ref. JUDGMENT This revision calls in question judgment, dated 29-4-1997, of the learned Additional…

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