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PLD 1987 Lahore 675

NIAZ MUHAMMAD vs THE PROVINCE OF THE PUNJAB through COLLECTOR,

CitationPLD 1987 Lahore 675
CourtLahore High Court
Case No.Civil Revision No, 533 and Civil Miscellaneous Nos. 1904-C and 1905-C of
Date1987-08-02
Judge(s)Ch. Amjad Khan
ResultRevision dismissed

ORDER

' There is no error of jurisdiction involved in the order passed by the trial Court on 15-11-1986 to reject the petitioner's prayer for appointment of a receiver for the land in dispute, and its being upheld by a learned Additional District Judge by his order dated 22-6-1987, on the ground that the petitioner had not been able to establish any title for the land in dispute to be able to make out a prima facie case.

2. The order sought by the petitioner related to the domain of discretionary jurisdiction which cannot be said to have in this case been exercised either fancifully or arbitrarily in its being declined and such an order does not become amenable to the exercise of revisional jurisdiction, as has been held in Shahzada Muhammad Omer Beg v. Sultan Mahmood and another PLD 1970 SC 139 and re-affirmed in Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53.

3. Actually, sub-rule (2) of rule 1 of Order XL of the C.P.C. Also stood in the way of the petitioner's prayer being accepted inasmuch as he had not been able to establish a right in present to dislodge the party in possession.

4. There is no force in the civil revision which is accordingly dismissed in limine.

THE END

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