Law: Civil Procedure Code (V of 1908)

Section: OrderVII,Rule11

Law: Evacuee Trust Properties (Management and Disposal) Act, 1975

Section: 8,14

(a) Civil Procedure Code (V of 1908)-------O. VII, R.11(d)---Rejection of plaint---Suit barred under the law---Jurisdiction of Trial Court---Scope---Regarding rejection of plaint, the provision of O.VII, R.11, C.P.C. is not exhaustive---Plaint can be rejected under O.VII, R.11(d), C.P.C., when it is barred under any law e.g. bar of res judicata or limitation---Besides the same, the Court has power to dismiss the suit in the nature of rejecting the plaint, where there is a clear ousting of jurisdiction of civil Court. (b) Specific Relief Act (I of 1877)--- ----S. 42---Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), Ss.8 & 14---Civil Procedure Code (V of 1908), O.VII, R.11---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Evacuee Trust Property---Declaration---Civil Court, jurisdiction of---Rejection of plaint---Non-recording of evidence---Plaintiff sought declaration to the effect that suit property was not an ° evacuee trust property---Application of Authorities for rejecting the plaint was dismissed by Trial Court but Appellate Court, in exercise of revisional jurisdiction, rejected the plaint for the reason that the suit was barred under law---Plea raised by plaintiff was that Trial Court should have decided the application after recording of evidence---Validity---In case of dispute with regard to a property being an evacuee trust property or not, it was the Chairman of Evacuee Trust Properties Board, who had the exclusive jurisdiction under S.8 of Evacuee Trust Properties (Management and Disposal) Act, 1975, to decide the issue and his decision would be final---Civil Courts, under S.14 of Evacuee Trust Properties (Management and Disposal) Act, 1975, could not take cognizance of such matter---Plaintiff, instead of approaching civil Courts, should have approached the Chairman of Evacuee Trust Board, by raising the question about status of property---Civil Court had no jurisdiction in the matter and revisional Court had rightly rejected the plaint, which order was akin to dismissal of suit---Matter was rightly decided by Trial Court without framing. of requisite issues and enabling the parties to lead…

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