| Case ID |
384bc292-1e20-45ac-9fbd-d4890d0c336d |
| Body |
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| Case Number |
Civil Revision No. 5 of 1984 |
| Decision Date |
Mar 25, 1990 |
| Hearing Date |
|
| Decision |
The revision application filed under section 115 C.P.C. was directed against the judgment and decree dated 28.11.1982, passed by the learned District Judge, Shikarpur. The District Judge set aside the judgment and decree of the Senior Civil Judge, which had decreed the suit filed by the applicants for rendition of accounts. The court found that the suit was not maintainable under the provisions of the Land Acquisition Act, 1894 and that the applicants had failed to avail the remedy available under section 18 of the Act regarding the compensation for the standing crops and trees. The court emphasized that no suit can be defeated for mis-joinder or non-joinder of parties. The revision application was ultimately dismissed, leaving the parties to bear their own costs. |
| Summary |
This case pertains to a civil revision application regarding the acquisition of agricultural land under the Land Acquisition Act, 1894. The petitioners challenged the decision of the District Judge who had set aside the earlier decree in their favor for compensation related to standing crops and trees. The Sindh High Court ruled that the suit was not maintainable as the petitioners had not pursued the proper legal remedies available to them under the Act. The court reaffirmed the principle that mis-joinder or non-joinder of parties does not invalidate a suit. This decision highlights the importance of following statutory procedures in land acquisition cases and the specific legal remedies available to aggrieved parties. The case also reflects the judiciary's role in ensuring that legal processes are adhered to, thereby safeguarding the rights of landowners in acquisition matters. Keywords: land acquisition, civil procedure, compensation, standing crops, legal remedies, judiciary, rights of landowners. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
OAISAR AHMAD HAMIDI, J
|
| Lawyers |
Mr. Lai Muhammad, Advocate for Petitioners,
Mr. Abdul Rehman Baloch, Advocate for Respondents
|
| Petitioners |
ABDUL MANNAN and anothers
|
| Respondents |
CHAIRMAN, WAPDA and another
|
| Citations |
1990 SLD 97,
1990 PLJ 253
|
| Other Citations |
PLD 1969 Peshawar 241,
PLD 1972 SC 25,
PLD 1972 Karachi 507
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Land Acquisition Act, 1894
|
| Sections |
9,
2,
3,
18
|