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Regular Second Appeal No. 476 of 1980, decided on 21st January, 1981.
‑‑ S. 172 (2) (xviii)‑Jurisdiction of civil Court‑Suit challenging partition ordered by Revenue Officer by raising question of title acquired as a result of private partition‑Held, not barred by S. 172 (21(xviii)‑‑Rejection of plaint without taking into account its contents‑Held, erroneous‑Civil Procedure Code (V of 1008), O. VII, r. 11(d) [Jurisdiction].
Din Muhammad and another v. Mehr Ali Khan and 2 others P L D 1978 Kar. 267; Redhu v. Mst. Nando and another 150 P R 1890 and Maland v. Mst. Namitti and others 4 P R 1898 ref.
‑‑ O. VII, r. 11 (d)‑Rejection of plaint‑Contents of plaint only and not pleadings of respondent in defence, to be taken into account.‑ [Plaint]:
Muhammad Iqbal for Appellant.
Raja Muhammad Muzaffar for Respondents.
Date of hearing : 21st January, 1981.
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