76/2007 Civil Revision Allah Bux and others (Applicant) V/S Govt.of Sindh and others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 22-OCT-18
There is no cavil to the proposition that the entries were neither substantiated before trial Court nor before appellate Court and there was no reason to have relied upon those entries which have no basis as far as title is concerned and the appeal was rightly allowed and consequently the suit was dismissed. Similarly, taking into consideration the contentions of the learned State counsel regarding maintainability of suit, such being a question which is apparent on the face of it such as defect which is not curable and since it is legal, can be raised at any stage including revisional and appellate stage. There is no cavil to the proposition that Government functionaries / authorities are to be sued as required in terms of Article 174 of the Constitution of Islamic Republic of Pakistan, 1973 as well as Section 79 CPC. In these proceedings, the Provincial of Sindh was sued through Deputy Commissioner which is not in consonance with the judgment of (1) Haji Abdul Aziz and (2) Government of Balochistan (supra) which provides a mechanism of suing the Government through Province of Sindh and through concerned Secretary to the Government. Commissioner under the hierarchy does not represent the Province in the manner as highlighted in the plaint and as such the objection raised by the learned State Counsel also goes on to prove that the suit at the very inception should have been buried as the legal mandatory formalities in terms of Section 79 CPC and Article 174 of the Constitution have not been complied.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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