| Citation(s) |
|---|
| 2005 SLG 1417 2005 SLD 1417 2005 CLC 1748 |
Lahore High Court
Civil Revision No.241 of 1996, heard on 29-03-2005.
MAULVI ANWARUL HAQ, J
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Civil Revision No.241 of 1996, heard on 29-03-2005.
MAULVI ANWARUL HAQ, J
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ABDUL MANNAN
VS
ALLAH YAR through L.Rs. and others
Law:
Section:
Colonization of Government Lands (Punjab) .Act (V of 1912)-----S. 19--Civil Procedure Code (V of .1908), O.VII, R.11---Specific Relief Act (I of 1877), S.42 --- Suit fox declaration---Rejection of plaint---Plaintiff was allottee of suit-land under Grow More Food Scheme-Defendant on basis of agreement to sell in his favour obtained decree restraining plaintiff from alienating suit-land, and then defendant on its basis got order from Collector sanctioning sale in his, favour---Plaintiff's application under S. 12(2), C.P.C., challenging decree for injunction was dismissed and appeal filed against same was also dismissed---Plaintiffs appeal filed against sanction order was dismissed by Commissioner and revision filed against same. was dismissed by Board of Revenue---Civil suit filed by plaintiff challenging thereby all such orders was dismissed as withdrawn---Constitutional petition filed by plaintiff against sale sanction, order was dismissed by High Court---Plaintiff filed suit to declare, sale sanction order of Collector to be "void---Defendant by admitting all such facts made application under O.VII, R.11, C.P.C." for rejection of plaint---Plaintiff: in his reply did not deny any of such facts, but prayed for dismissal of application-- Trial' Court rejected plaint, but Appellate Court remanded case for its decision afresh after recording of evidence---Validity-Plaintiff in his plaint had not at all mentioned such facts---All said orders and proceedings were admitted---Such authentic documents i.e. certified copies of orders and s, must have been looked into---Sale sanction order of Collector impugned in suit for declaration had already been found by High Court to be legal and valid---Such order of High Court had not been challenged any further---Suit was bound to fail being barred-,by law---High Court dismissed revision petition, set. aside impugned order and restored order of Trial Court rejecting plaint under O.VII, R.11, C.P.C. Muhammad Shafi 'and another Muhammad Bakhsh and another PLD 1971 Lah. 148 ref. Muhannnad Akhtar and others v. Abdul Hadi and others 1981 SCMR and S.M. Shafi Ahmad Zaidi through Legal Heirs v. Malik Hassan Ali Khan (moin) through Legal…
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