SACHE DINO vs PROVINCE OF SINDH through Secretary Land Utilization Department, Hyerabad Ss — 2023 YLR 1333 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 1333 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: SACHE DINO vs PROVINCE OF SINDH through Secretary Land Utilization Department, Hyerabad Ss
Subject matter: Civil
Provisions referred to: S. 135; S. 161; 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

SACHE DINO VS PROVINCE OF SINDH through Secretary Land Utilization Department, Hyerabad Ss. 135 & 161---Civil Procedure Code (V of 1908), Ss. 9 & O. VII, R.11---application for partition---Jurisdiction of Civil Courts---Rejection of plaint---appellate court maintained the order of the Trial Court rejecting the plaint of the suit under O. VII, R. 11, C.P.C. being not maintainable---Validity---Respondents filed an application for partition of the suit property in terms of S. 135 of the Sindh Land Revenue act, 1967, and the assistant Commissioner passed an order which was impugned by way of filing of a suit by the applicant notwithstanding the fact that such order was an appealable order in terms of S. 161(b) of the Sindh Land Revenue act, 1967---Civil Court is a Court of ultimate jurisdiction and can in exceptional circumstances entertain a suit in respect of revenue matters and even against orders of the Revenue authorities---Neither the order passed by the Revenue authority was lacking jurisdiction; nor any mala fide intent or action had been brought on record; nor present case was a case wherein the remedy provided in law could be bypassed---Civil Court was not competent to interfere where Revenue Courts/ authorities had exclusive jurisdiction---Mere filing of a suit without any restraining orders, interim or final, does not preclude partition of a property, if otherwise lawful---Courts below had arrived at a fair, just and legal conclusion while rejecting the plaint in the suit---Revision was dismissed accordingly.

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