Law:

Section:

(a) Punjab Waqf Properties Ordinance (IV of 1979)-------Ss. 21 & 23---Civil Procedure Code (V of 1908), O.VII, R.11 --- Plaint, rejection of---Jurisdiction of Civil Court- --Property in question belonged to the Auqaf Department, and Collector had fixed the lease amount on the request of the Administrator Auqaf---Lessees assailed such action in a civil suit---Auqaf Department filed application under O.VII, R.11, C.P.C. for the rejection of plaint on the ground that Civil Court had no jurisdiction in the matter---Trial Court dismissed application of department and such order of Trial Court was upheld by Lower Appellate Court---Validity---Civil Courts had no jurisdiction to take the cognizance of the matter by virtue of Ss.21. & 23, Punjab Waqf Properties Ordinance; 1979---Both the Courts below wrongly dismissed the application of the petitioner for rejection of plaint without adverting to S.21 of Punjab Waqf Properties Ordinance, 1979--­Orders of both the Courts below were set aside. Chief Land Commissioner, Punjab and others v. Chief Administrator, Auqaf, Punjab PLD 1998 SC 132; Chief Administrator Auqaf and others v. Haji Muhammad Sharif and another 1999 SCMR 2795; 19716 SCMR -4501; 1975 SCMR 104; Board of Intermediate and Secondary, Education v. Ch. Anjum Pervaiz 1989 CLC 64 and Muhammad Rafiq's case 1983 SCMR 1024 ref. (b) Constitution of Pakistan (1973)--- ----Art. 189---Judgments of Supreme Court are binding on each and every organ of the State, by virtue of Art. 189 of the Constitution. JUDGMENT The brief facts out of which the present writ petition arises are that the respondents filed suit for declaration on the following grounds: - (i) The respondents claim as owners of the property in question. (ii) The matter regarding the title of the property to question is pending adjudication before the Honourable Supreme Court. The petitioner filed application under Order VII, Rule 11, C P.C. for rejection of the plaint The respondents filed reply of the application and the learned trial Court dismissed the application vide order, dated 13-3-1999. The petitioner being aggrieved filed revision before the District Judge, Jhang who entrusted the same to the…

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