Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Rejection of plaint---"Cause of action"---Documents to be considered by the court---Scope---Plaintiff filed suit wherein defendant moved an application for rejection of plaint which was accepted concurrently---Validity---No evidence had been led by either of the party nor any document even the impugned sale mutation was brought on record and exhibited---No reference could be given with regard to the legality or validity of such documents---Findings of Appellate Court on merit of sale mutation and power of attorney were not more or less but abuse of jurisdiction which could not be sustained---Challenging the original sale mutation and first entry therein the revenue record effected there through the impugned sale mutation was sufficient and it was not necessary to challenge subsequent periodical record of rights---Only averments of plaint were to be looked into for the purpose of rejection of plaint---Further probe through recording of evidence and considering of other material available on record was required as plaintiff had alleged that sale mutation was result of fraud---Dispute between the parties was mixed question of law and facts which would require evidence and unless same was recorded same could not be resolved---Plaintiff had properly pleaded the "cause of action" in the plaint and if same was taken to be true and correct then suit was not devoid of "cause of action"---Provisions of O. VII, R. 11, C.P.C. could not be invoked rather proper course for the court was to frame issues and decide the same on merits in the light of evidence where controversial questions of facts or law existed in the suit---Impugned s of both the courts below were set aside and case was remanded to the Trial Court to proceed from the stage whereof it was discontinued on rejection of plaint---Revision was accepted in circumstances. Mst. Bano alias Gul Bano and others v. Begum Dilshad Alam and 4 others 2001 CLC 88; Haji Abdul Karim and 4 others v. Messrs Florida Builders (Pvt.) Ltd., Karachi, reported 2009 YLR 451 and Muhammad Rahim v. Malik Daud Khan and 6…

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