Sections 68 and Spec Special Relief Act (I of 1877), Section 42 Civil Procedure Code (v. 1908), OVII, R 10 suit returned to the Plaintiff Scope Trial Court for settlement of canal water disputes. The court had no jurisdiction to proceed with the case, given the restrictive provisions contained in the Canal and Sewage Act 1873, the legitimate provision of the canal and drainage Act 1873 only applied in cases of water dispute where the central Irrigated land was being irrigated, controlled or controlled by the provincial government through irrigation department. Disputes related to irrigation rights cannot be resolved through the irrigation department where neither a water channel nor a shop was built by the government nor is it financed, restored, managed or irrigated by the department. Was governed by the above-mentioned government but private denial o was constructed, managed and controlled f. Both of the courts below were unlawful in exercising their jurisdiction over the matter. The present case was capable of jurisdiction of the civil court. And the implied judgment passed by both of the following courts shall be set aside It was and accordingly the case was presented to the trial court to settle the matter. Law review was accepted in the circumstances
Related judgments — Peshawar High Court NWFP, 2014
