Law:

Section:

(a) Thal Development Act (XV of 1949)-----S.74-A [as added by Thal Development (Punjab Amendment) Ordinance (XIX of 1975)]---Constitution of Pakistan (1973), Art.185(3)---Bar of jurisdiction of Court---Leave to appeal was granted to consider whether the suit filed by plaintiff in 1965, came within the mischief of the provisions of Ordinance XIX of 1975. (b) Thal Development Act (XV of 1949)-- ---S.74-A [as added by Thal Development (Punjab Amendment) Ordinance (XIX of 1975)]---Constitution of Pakistan (1973), Art.185(3)---Question involving competency of Court to entertain the suit, being a legal question, could be agitated before Supreme Court for the first time, with permission of Court--­Supreme Court refused permission to agitate such question before it when the same had not been agitated before the High Court as also plaintiff had filed suit after more than ten years of the accrual of cause of action. (c) Constitution of Pakistan (1973)-- ---Art.185(3)---High Court's decision on merits of case, that ex parte decree passed in plaintiff's favour, stood set aside as a whole on application of one of the defendants and that the same necessitated adjudication of matter afresh; being perfectly correct, Supreme Court declined interference---Appeal dismissed. JUDGMENT NASIM HASAN SHAH, J.--The facts which form the background to this appeal are that the appellants are the successors-in-interest of Karam Din alias Baba Railu son of Karim Bakhsh, hereinafter called the plaintiff, who was allotted 15 acres of land situated in Chak No. 53/DB, Tehsil Khushab, District Sargodha in the year 1950. However, on 29-10-1952, the allottee obtained on exchange the suit land of which he. duly took the. possession and appears to have remained in possession of this area till 1956 but he was dispossessed in 1957 by the Administrator Thal Bhakkar Chairman Corporation (respondent No. 1 herein) by cancelling his allotment. The plaintiff challenged the cancellation by filing a suit on 24-5-1965 which he withdrew subsequently to correct a technical defect and filed a fresh suit on 21-12-1967. In the course of the proceedings, in this suit, respondents os.2, 3 and 4, did not appear on…

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