Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Rejection of plaint---Documents, looking into---Principles---Plaint can be rejected in suit when court in addition to memo of plaint can look into admitted/disputed documents such as regards of previous litigations---Reading of plaint for purpose should not be formal but practical, meaningful, realistic and rational, so as to regarding correct conclusion from pleadings rather than giving the same artificial and fanciful meaning---Court while doing such exercise has to keep in mind true spirit of such provision. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Previous litigation---Consideration---Parties had been in litigation since long and it was admitted position that earlier suit filed by plaintiff against defendant before High Court for damages was withdrawn on the basis of consent decree dated 25-9-1994---Consent decree was challenged and the same was set aside on 18-5-2001, by High Court---Plaintiff had already filed suit on 3-5-1997, within the period of three years whereas defendant challenged the consent decree dated 25-9-1994 in suit passed by High Court---Defendant sought rejecting of plaint under O.VII, R.11, C.P.C.---Validity---Unless evidence of parties was recorded issue involved in the matter could not be resolved effective---High Court declined to reject the plaint under O.VII, R.11, C.P.C. as the same was not maintainable---Application was dismissed in circumstances. 2002 MLD 19; 1981 SCMR 878; 2000 CLC 63; 1999 YLR 991 and 1999 YLR 436 ref. ORDER SYED HASAN AZHAR RIZVI, J.---The defendant has filed the present application bearing C.M.A. No.869 of 2009 for rejection of the plaint in the instant suit filed by the plaintiff for recovery of damages amounting to Rs.10,000,000 (Rupees Ten Million only) with mark up on the ground as stated in para. 59 of the memo of plaint that cause of action accrued to the plaintiff in the year 1995 when the defendants disown the decree passed by this Court in Suit No.2/1993 by challenging the same in J.M. No.1/1995 by filing an application under section 12(2) C.P.C., The plaintiff obtained the compromise decree dated…

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