96/2009 Civil Revision Syed Himat Ali Shah (Applicant) V/S Government of Sindh and others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 10-SEP-18
Prima facie, such declaration could only be sought in case the respondent Ghulam Hussain was in the process of seeking any declaration as to his own entitlement over the subject land but that is not the case, hence, I agree with the contention of the State Counsel that the suit is hit by the provisions of Sections 42 and 56 of the Specific Relief Act. In addition to the above, the government of Sindh was not sued through concerned Secretary of the Revenue Department, and even if any opportunity is given, in terms of the reported judgment of Government of Balochistan, CWPP&H Department and others v. Nawabzada Mir Tariq Hussain Khan Magsi and others reported in 2010 SCMR 115, the suit would have been time barred against the officials whose order was challenge. Hence, I do not agree with the reasoning assigned by the appellate Court without considering the consequences of the above legal issues.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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