MUHAMMAD RIAZ vs HASSAN DAD Ss — 2021 CLC 1230 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 1230 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: MUHAMMAD RIAZ vs HASSAN DAD Ss
Subject matter: Civil
Provisions referred to: S. 42---C; S. 9---S; S. 137; S. 9; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD RIAZ VS HASSAN DAD Ss.135, 137 & 172---Specific Relief act (I of 1877), S.42---Civil Procedure Code (V of 1908), S.9---Suit for declaration---Partition of land---Necessary parties---Civil Court, jurisdiction of---Scope---Petitioners-plaintiffs assailed partition proceedings initiated by revenue authorities on the plea that they were owners of land in question and were not joined in partition proceedings by revenue authorities as their names were not incorporated in column of ownership---Validity---Revenue authorities failed to comply with the provisions of S.137 of Khyber Pakhtunkhwa Land Revenue act, 1967, which had provided that after receipt of partition application, Revenue Officer had to issue notices to recorded co-sharers, who were not joined in the application---Where allegations of lack of jurisdiction or mala fide were attributed to the authority passing order in question, Civil Courts could examine such matter under the provision of S.9, C.P.C. as a Court of ultimate jurisdiction---High Court set aside judgments and decrees passed by two Courts below and remanded the matter to revenue authorities for fresh partition proceedings---Revision was allowed accordingly.

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