Correction of Entry in Revenue Record-of-Rights and Declaration of Civil Court

Correction of Entry in Revenue Record-of-Rights and Declaration of Civil Court Case Laws Civil Law Knowledge - Civil Law Lahore High Court Litigation & Arbitration Order 7 Rule 11 Revenue Revenue cum Civil Solutions - Civil Law Mr. Justice Mirza Viqas Rauf in his judgment has decided the issue regarding correction of entry in revenue record-of-rights and declaration of civil court in First Appeal against Order No. 143 of 2011.

1. The instant appeal is directed against the judgment dated 25th of March, 2011, whereby the learned District Judge, Sialkot, while allowing the appeal filed by the respondents set aside the judgment and decree dated 14th of February, 2011 passed by learned Civil Judge Class III, Sialkot.

2. Precisely the facts necessary for adjudication of instant appeal are that respondent No.1 filed a suit for declaration and permanent injunction arraying the appellants as well as respondents No.2 to 5 as defendants. It was asserted in the plaint that the suit land is owned and possessed by respondent No.1. The appellants purchased some land from respondent No.2 by way of mutation No.892, however they while conniving with each other incorporated forged and fabricated entries in Roznamcha Wakiati regarding meets and bounds of the suit property as per Rept No.214 in order to deprive respondent No.1 from his proprietary and possessory rights. The suit was contested by the appellants as well as respondents No.2 to 5 who filed their written statement. The suit was since accompanied with an application under Order XXXIX Rules 1 & 2 of The Code of Civil Procedure (V of 1908), so reply was also filed to this effect. As the appellants raised preliminary objection with regard to jurisdiction of the Civil Court in their written statement, so learned Civil Judge, seized with the matter, while pondering upon the application for the grant of temporary injunction proceeded not only to dismiss the said application but also rejected the plaint under Order VII Rule 11(d) of The Code of Civil Procedure (V of 1908). The respondent No.1, feeling aggrieved from the said judgment and decree filed an appeal before learned District Judge, Sialkot which was though contested but the same was allowed vide judgment dated 25th of March, 2011 and the case was remanded to learned trial court to decide the same afresh, hence this appeal.

3. Learned counsel for the appellants submitted that plaint was rightly rejected by learned Civil Judge as the jurisdiction of the court was barred under Section 172 of The Land Revenue Act, 1967. Learned counsel maintained that correction of entries in the revenue record falls within the domain of revenue hierarchy and the suit filed by respondent No.1 was incompetent. Learned counsel contended that the learned District Judge, while allowing the appeal filed by respondent No.1 has committed an illegality. He added that impugned judgment is not tenable under the law.

4. Conversely, learned counsel for the respondents resisted the instant appeal and defended the impugned judgment.

5. After having heard learned counsels for both the sides, I have also perused the available record.

6. There is no cavil that plaint can be rejected at any time in terms of Order VII Rule 11 of The Code of Civil Procedure (V of 1908) if the same is hit by any of the clauses mentioned therein but while penalizing a plaintiff the courts are also duty bound to take all possible care and caution before invoking the said provisions as the rejection of plaint would amount to disarm the plaintiff right at the inception of the proceedings. While resorting to Order VII Rule 11 of The Code of Civil Procedure (V of 1908), the courts must ensure that the plaint is clearly hit by the barring clauses mentioned in the said provision of law.

Further information regarding correction of entry in revenue record-of-rights and declaration of civil court can be solicited from AUJ LAWYERS. Feel free to contact us in case you need any clarification and/or require legal assistance regarding similar matters.