Warning: Undefined variable $isLoggedIn in /home/digixyei/sldsystempk.com/view/master-layout/article_details.php on line 626

Whatsapp

" POWERS UNDER ORDER VII, RULE 11, C POWERS UNDER ORDER VII, RULE 11, C.P.C   By   Naleymitho a Muhammad Ishaque, Kubar, Advocate High Court, (Sindh) Karachi   Under Order VII Rule 11, C.P.C. a plaint of a Suit shall be rejected for the following reasons:   11. Rejection of Plaint.--The plaint shall be rejected in the following cases:   (a)    where it does not disclose a cause of action:   (b)   where the relief claimed is under-valued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so:   (c)    where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so:   (d)   where the suit appears from the statement in the plaint to be barred by any law.   In order to attract provisions of Order VII, Rule 11, C.P.C. it is mandatory requirement that the contents of the plaint should be presumed to be true and correct. However, the precedent of honourable Supreme Court of Pakistan laid down in the case of S.M. Shaft Muhammad Zaidi through Legal Heirs v. Malik Hassan Ali Khan (Moin) through Legal Heirs reported in 2002 SCMR 338 is often used for rejecting the plaint. It has been observed by the honourable Supreme Court on Page No.342 (Para No.14) as under:   "14. Besides, averments made in the plaint other material available on record which on its own strength is legally sufficient to completely refute the claim of the plaintiff, can also be looked into for the purpose of rejection of the plaint. It does not…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register