Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.VII, R.11 --- Declaration, of status or right, relief of---Scope---Plaintiff for seeking such declaration ought to establish entitlement to any legal character or right to property or any alleged denial by defendant---Relief under S.42 of Specific Relief Act, 1877 is provided to safeguard right to plaintiff's own legal character or property and not to right of third party---Where plaintiff had neither produced any document showing his personal interest in the property nor claimed airy personal right therein, rather he was seeking declaration as of right in property of third person, he would have no cause of action and his plaint would be liable to be rejected. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Technicalities should not be allowed to come in the way of justice---Efforts should be made to provide substantial justice to parties before Court---Requirement of law is that incompetent suit should be buried at its inception, if same on its face is not maintainable. ORDER The appellant filed appeal against the order dated 26-11-2002, whereby the learned Single Judge rejected the plaint under Order VII, Rule 11, CPC. Brief facts of the case are that the appellant filed suit for declaration, cancellation, possession, permanent injunction and damages seeking the following reliefs: A. To declare a portion of Suit Plot No.BC-1, situated at Baloch Colony adjacent to K.M.C. Stone No.207 off Shaheed-e-Millat Road, Karachi, admeasuring 108 square yards is property of K.M.C. and only the K.M.C. is competent authority to grant its leasehold rights to the residents/occupants of their plot, being Katchi Abadi to the plaintiff, who has been in possession of the same since 1977 under the rules and regulations of the K.M.C., in respect of grant of leasehold rights on payment of the cost of lease as prescribed by the defendant No.5. B. To further declare that the defendant No.2 is not competent and authorize to grant the sub-lease to the defendant No.1, for the suit plot, as the same property does not belong to defendant No.2, as such the sub-lease granted to the defendant…

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