SAGHEER AHMED vs PROVINCIAL GOVERNMENT through Chief Secretary G — 2022 MLD 132 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 MLD 132 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: MLD
Parties: SAGHEER AHMED vs PROVINCIAL GOVERNMENT through Chief Secretary G
Subject matter: Civil
Provisions referred to: S. 172---C; 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

SAGHEER AHMED VS PROVINCIAL GOVERNMENT through Chief Secretary G.B. S.172---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for cancellation of order, declaration and injunction---Second appeal---Rejection of plaint---Civil Court, jurisdiction of---Cancellation of mutation was assailed by appellant/plaintiff before Civil Court---Plaint was rejected by Trial Court for want of jurisdiction---Validity---Civil Court lacked jurisdiction to entertain the matter---Revenue authorities cancelled mutation, therefore, proper remedy available to appellant/plaintiff was that he should have filed appeal against his order in higher revenue forum instead of filing civil suit in Trial Court---After exhausting revenue forum, appellant/plaintiff if failed to get redressed his grievance could file suit in Trial Court--- Both the Courts below did not commit any illegality or irregularity while rejecting suit/plaint of appellant/plaintiff under O.VII, R.11, C.P.C. through their judgments---High Court in exercise of appellate jurisdiction declined to interfere in concurrent findings recorded by two Courts below, which were in accordance with law---Second appeal was dismissed in circumstances.

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