63/2000 Civil Revision Sachedino Kalwar (Applicant) V/S Province of Sindh and others (Respondent)

Sindh High Court2021

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author)

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63/2000 Civil Revision Sachedino Kalwar (Applicant) V/S Province of Sindh and others (Respondent) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author) Order Date: 05-NOV-21 Applicant first chose to contest the matter before the Revenue authority by filing its objections and attending hearings, and then once the order was passed, filed a Suit challenging the same. When an order is an appealable order in terms of s.161 ibid, which has not been availed, then the very maintainability of the Suit under section 9 CPC is big question mark; and impliedly bars jurisdiction of the Civil Court in such matters where the jurisdiction to adjudicate exclusively vested with the revenue Courts. . Admittedly, the Applicant failed to avail the statutory remedied of appeal and revision before the Commissioner and the Board of Revenue respectively against the orders passed by the Assistant Commissioner
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