Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.VII, R.11---Plaint, rejection of---Object and scope---Declaration to title---Prima facie case in favour of plaintiff---Suit property was owned by a firm and after the death of one of the partners, the remaining partners sought title of the property---Partnership firm comprising of more than two partners was still in operation and the same had not been dissolved---Plaintiffs claimed to be in possession of all the original documents of title of the suit property and in undisturbed possession over a period of several decades---Defendant filed application under O.VII, R.11, C.P.C. for rejection of plaint on the ground that the plaintiffs could not seek the relief as prayed for in the plaint and the suit was time-barred---Validity---Object of rejection of plaint is not to shut out case where the plaintiff is in a position to adduce evidence .for a decision of his case on merits according to law nor to prejudge a decision without affording an opportunity to the plaintiff to place evidence on record---Such course would be opposed to the principles of natural justice---From the contents of the plaint and its annexures a prima facie case in favour of plaintiffs had been made out---Merits of the case were to be considered at the time of evidence when parties would be at liberty to propose the relevant issues in support of their respective contentions---Conditions specified for exercise of power under the provisions of O.VII, R.11, C.P.C. were to be strictly construed and not to he resorted to unless these were satisfied---Application was dismissed in circumstances. High Court Appeal No.238 of 1999 fol. Civil Petition for Leave to Appeal No.81-K of 2001; Metro Cooperative Housing Society Limited v. Bonanza Garments Industries (Pvt.) Ltd. 1996 MLD 593; N.E.D. University of Engineering and Technology v. Tariq Ali and 2 others PLD 1993 Kar. 626; Habibur Rehman v. Mst. Wahdania and others PLD 1984 SC 424 and Shuja-ul-Mulk v. Firm Abdul Ghafoor-Abdul Qadim PLD 1964 Pesh. 110 and Siddique Khan v. Abdul Shakur Khan PLD 1984 SC 289 ref. ORDER By this application under Order VII, rule 11, C.P.C.…

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