M.A. ZAFAR, J.--- The present petition has been filed by Abdul Latif who is defendant in a suit for declaration with permanent injunction and cancellation filed by Umer Din in the Court of Senior Civil Judge, Lahore on 28.05.2001. The present respondents filed written statement controverting the claim of the respondents/plaintiff. An objection was also raised about the maintainability of the suit on the ground that the matter and dispute relates to produce of a land which falls within the domain of Revenue Court and Civil Court has no jurisdiction, the learned Civil Judge, Lahore, vide order dated 24.01.2007 dismissed the suit being not maintainable.
2. Feeling aggrieved from the order dated 24.1.2007 passed by the learned Civil Judge, the respondents filed an appeal. The learned Addl. District Judge vide order dated 24.03.2008 accepted the appeal on the ground that no dispute is pending adjudication before any Revenue Court and the respondents/plaintiffs are claiming their ownership over the disputed property.
3. The learned counsel for the petitioner submits that the order passed by the learned Addl. District Judge is against the law and facts of the case. He further submits that the learned Civil Judge rightly held the suit to be not maintainable.
4. On the other hand learned counsel for the respondents submits that Civil Court's jurisdiction will with respect to mala fide can be never taken away he placed reliance on a case titled "Mr. Muhammad Jamil Asghar v. The Improvement Trust, Rawalpindi"(PLD 1965 S.C. 698).
5. After hearing the learned counsel for the parties and perusing the record I have noticed that Civil Suit was filed on 29.05.2001 and it is still pending and even the learned Civil Judge did not decide the stay application during the period of six years and when on 24.01.2007 the same was fixed for the arguments on application for temporary injunction he passed the impugned order dismissing the suit and the learned Addl. District Judge has rightly held in his order that as per averments of plaint no dispute regarding mutation is pending adjudication before any Revenue Court and the respondents/plaintiffs have claimed their ownership of Khasra No. 4264 on the basis of mutation No. 1251 to that effect. It was proper for the learned Trial Court to frame an issue regarding the maintainability of the suit and then to decide the same; for the purpose of rejecting a plaint Courts are supposed to take into consideration the contents of plaint and not the defence raised by the defendant in his written statement. As held by the Hon'ble Supreme Court of Pakistan in case of "Hamid Hussain v. Govt. Of West Pakistan & others" (1974 S.C.M.R. 356), jurisdiction of Civil Courts even if barred and conferred upon special Tribunal, Civil Court being Courts of ultimate jurisdiction have jurisdiction to examine acts of such forum to see if such are in accordance with law, or illegal, or even mala fide.
6. For the foregoing reasons there is no force in this petition and the same is accordingly dismissed.
Since the matter is pending before the learned Civil Court for the last 8 years, therefore, it is directed that the learned Trial Court will decide the suit within a period of 6 months from the receipt of the order. Compliance report be submitted through Deputy Registrar (Judl) of this Court.
Civil revision .