ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. S – 2618 of 2016

Date of hearing

Order with signature of Judge

For hearing of main case

03.09.2018

Mr. Muhammad Shabbir Khanzada advocate for petitioners.

Mr. Noor Hassan Malik Assistant Advocate General Sindh.

.................

This petition impugns two orders of the trial Court as well as of the appellate Court whereby the application under Order VII rule 11 CPC was dismissed. It is claimed that the proceedings are barred under Section 25 of the Displaced Persons’ Rehabilitation Act. The ouster clause could only limits the parties to seek remedy against the officials in respect of the act done officially. The present dispute prima facie is between the private parties and none of the official act is involved. No other Court but the civil Court has jurisdiction in this regard. The two orders impugned apparently are in accordance with law as summarily a plaint cannot be rejected in respect of the remedy and relief sought by the respondents. The trial Court as such is directed to frame issues and dispose it of in accordance with law preferably within four months.

Petition stands disposed of.

__________________

J U D G E

N.M.