Civil Court under Section 9 of C.P.C. can try all suits of civil nature except those of which their jurisdiction is barred either expressly or by necessary implication.

15. It is an established principle of law that the mutation proceedings are of summary nature under the Revenue Act. A Civil Court is a court of plenary jurisdiction and fraud can always be challenged before the Civil Court because it requires to be proved through evidence of the parties. Reliance is placed on Jan Muhammad through Mubarik Ali and others v. Nazir Ahmad and others (2004 SCMR 612). It has also been held that rights of parties qua disputed property require determination after giving them fair opportunity to adduce evidence. Factual controversies can only be resolved by the Civil Court having plenary jurisdiction. Reliance in this respect is placed upon Nemat Ali and another v. Malik Habib Ullah and others (2004 SCMR 604). The Revenue Courts have no power to correct the longstanding entries in the revenue record in summary manner. Reliance in this respect is placed upon Muhammad Naeem v. Siraj-Ud-Din and 6 others (2015 CLC 1084). It has been settled that the Civil Court being the court of plenary jurisdiction, is competent to inquire into the question, whether impugned mutation is attested by practicing fraud and if it is so, it has the jurisdiction to declare the same to be void. The Civil Court under Section 9 of C.P.C. can try all suits of civil nature except those of which their jurisdiction is barred either expressly or by necessary implication. In this context reliance can be placed on the case reported as Muhammad Jameel Asghar v. The Improvement Trust Rawalpindi (PLD 1965 SC 698) wherein it was held that where the question of fraud, misrepresentation or want of jurisdiction is raised, the civil court has jurisdiction to adjudicate upon the same. Reliance is also placed on Hafiz Kalu and others v. Muhammad Bakhsh and others (2019 YLR 1523)  

Part of Judgment

IN THE LAHORE HIGH COURT M U L T A N BENC H M U L T A N JUDICIAL DEPARTMENT 

Writ Petition-Land-Miscellaneous
11548-15

2020 LHC 937