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IN THE PESHAWAR HIGH COURT, PESHAWAR.
HIGH COUR
C.R. No. 817 /2010
ERS of Pauline Na I
Ms Bibi Amin
12) Rahmet Ullah Die
Fazal Baqi son of Muhammad Akbar Khan
43) Alta Ulinh 44
2.
Mat Haanda Bibi 3. wife of wazir
115) Mat Farida Bibi
wife of Nisar Ahmed
Muhtaram Ali son of Taj Malook Hidayat Khan son of Dolat Khan Residents of Tehsil Adinzai Kasooram District Dir Lower.
1/6) Mst Haram Bibi W/O Muqueb
1/7) Mat- Nahide Bibi W/O Farmanullah VERSUS
16 Nillaje Icaso, 1. For ouch Tehsil Adenza Distant Dio Low Ma
Government of NWFP through Chief Secretary, Peshawar.
Secretary Forest Government of NWFP, Peshawar.
3. Chief Conservator of Forest Government Peshawar. of NWFP,
4. Divisional Forest Officer Timergara Forest Division at Timergara.
5. Range Forest Officer Timergara District Dir Lower at Timergara.
(Respondents)
PETITION UNDER SECTION 115 CPC AGAINST THE JUDGMENT AND DECREE OF THE ADDITIONL DISTRICT
(Petitioners)
Deputy Merasta 08 APR 2010
2 page

NAR HIGH COURT
IN THE PESHAWAR HIGH COURT, MINGORN hal
DAR-UL-QAZA, SWAT
DECREE SHEET IN CIVIL REVISION PETITION NO RIT-P
Paulate fought the son of Mu
1/2 Ratoven Ulch
Ansullah
Mas Hamida Dihi wife of Wasir
15 Ms. Pande Bibi wife of Nisur Almad
Max Mu. Horam Bihi wife of Mogeele
1/7 Met. Nahida Bibi, wife of Farman Ullale, is a resident of Village Kass, FO Utte. T
Adenza, District Dir Lower. 2. Moharam Ali son of Taj Matonk
3 Hilayat Khan son of Dolat Khan residents of Tehsil Adenza, Kasworth
Lower
VERSUS
1. Guvernment of NWFP through Chief Secretary, Peshawar
2 Secretory Fotest Government of NWFP, Poshawat.
3. Chief Conservator of Forest Government of NWFP, Peshawar.
4 Divisional Forest Officer Timegara Forest Division at Timergara.
5. Range Forest Officer Timergara District Dir Lower at Timergars..
Respondents
Date of institution of the suit in first Court,
12-06-2007
Date of decision in first Court
24-01-200%
Date of institution of Civil Appeal in second Court:
09-02-2009
Date of decision in second Court
Akbar Khan
11-02-2010-
Civil Revision Petition No. 817-P/2010 against the judgment and decree of the Mr. Mamrez Khan Khalil Additional District Judge Izafi Zilla Qazi, Dir Lower, passed in civil appeal No. 5/13 of 2009 vide judgment and decree dated 11-02-2010 tiled by the appellants against the judgment and decree dated 24-01-2008, passed by the Mr. Nadeem Akhtar Civil Juadge/ Maqa Qazi, Timergara, in case No. 11/1 of 2007 whereas, appeal was dismissed while, judgment and decree of learned trial (Detail given in the judgment) court Wits maintaine
MEMORANDUM OF CIVIL REVISION PETITION
ATTASTED
Examin Mangor Da Court Beach Qaza Swat
Addl. Registrar
Fazal Baqi and others
Versus
Petitioners
Government of NWFP through Chief Secretary and others
Peshawar High Court Bench Mingora/Dar-ul-Qazz Swat
Respondents
The above named petitioners have filed civil revision petition No. 817-1/2010 13-415-2010 in Hon’ble Peshawar High Court Peshawar later on transferred to Peshawar High Court Mingora Bench Dar-ul Qaza, Swat against the judgment and decree ihid.
The civil revision petition against the judgment and decree caune up for hearing on 15-04-2024 and was announced on the same day by the Single Bench of this Hon’ble Court comprising of Hon’ble Mr. Justice Muhammad Naeem Anwar, upon hearing arguments of Mr. Ikram Ullah Khan, Advocate for the Potitioners and Mr. Haq Nawaz Khan A.A.G for the official Respondents, the Hon’ble Court was pleased to passed the following order.

3 page

the red and possessed peoperty wat revered Sever, the point wore a chief of proof on their poty wowcessing the evidence of the portter when the trial of the care Becumducted in nccordance with tow rather the learned bowl courr mmed on illegality then the pulgments and decrees impugned ser person could not be sustained. When the learned A AG was questioned abou deed annexed with the written statement of the respondents/defendants, amulo on file and the application of the petitioners, who condidly conceded at the for thor inach circumstances, the learned trial Cours was shay bound to have directed the ampleaciment of the owners of the property in view of the specification of the owners in the agreement executed with the respondental defendants, hence on acceptance of this petition, the impugned judgments and decrees of both the learned courts below are hereby set aside, consequently, the application (CMN 835-M/2020) is also allowed but when the suit was filed on 12.06.2007 and the application for impleadment/ amendment was moved on 29.06.2020, the petitioners are burdened with the cost of Rs.25,000/- which shall be paid by them to the respondents! defendants before the learned trial Court where suit of the petitioners! plaintiffs shall be deemed pending adjudication. The petitionent/ Plaintiffs shall submitted amended plaint with addition of the parties as mentioned in the referred to above agreement executed with the respondents/ defendants and the names mentioned C.M. No. 835-M/2020. Since, the suit was originally instituted in the year 2007, therefore, it is expected that the learned trial Court may decite the lis within a shortest possible time preferably within a period of five monilts ofter receipt of the copy of this order if not earlier but in accordance with low. It is pertinent to mentioned here that the question of construction roixed by the respondents/forest department in their owned and possessed property shall also be decided by the learned trial Court with particular reference of description of thou property and if the respondents/ defendants could apprise the Court for such portion of property then the matter to that extent requires to be dealt by the Forext Settlement Board (FSB) in view of the judgment of the apex court dated 13.02.2024 rendered in Civil Appeal No. 108-P/2014 titled “Government of KPK through Secretary Forest and others Vs. Fazal Ghani”. ATLUESTED Examiner Deshawar High Court Bench
Mingora Dar-ul-Qaza, Swat
2.04.2024.
4 page

Jan and others as owners of the property then their absence would affect their rights in case this declaration was granted in favour of the petitioners/ plaintiffs
Admittedly, the application for impleadment has been moved by the petitioners/ plaintiffs before this Court whereas, the suit was filed before the learned trial Court on 12.06.2007. It was the primary duty of the learned trial Court to take notice of this particular aspect and that of order 1 rules 9 and 10 C.P.C, notwithstanding the fact that the petitioners/ plaintiffs have not moved for impleadment of Ahmad Jan and others before the learned trial Court. It is the basic fundamental principle relating to administration of justice that law is written on the sleeves of the Judges and it is the primary duty of a Judge to apply the correct law to a case before it and even the party is not bound to engage a counsel for telling the Court how a particular law is to be applied and how the jurisdiction is to be exercised, thus, alleged owners of the land were required to be arrayed as a party and at this juncture, the suit could not be dismissed in view of the stance of the respondents/ defendants. Ahmad Jan and others were necessary party to the suit. It is worth to mention here that in the matter relating to the land owned and possessed by the forest department and entries in that respect were assailed could not be tried and decided by the civil Court in consonance with the principle laid down by the apex Court in the case titled “Shah Zaman Khan Vs. Government of Khyber Pakhtunkhwa through Chief Secretary Peshawar and others” (2023 PLD SC 340), however, recently in Civil Appeal No.108-P/2014 titled “Government of KPK through
Know A (5)
HON’BLE MBL JUSTICE MUHAMMAD NAEEM ANWAR
ATTSTED
Enammer Peshawar High Court Bench Dar ul Qaza, Swat

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