Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 & O. XX, R. 13---Specific Relief Act (I of 1877), S.42---Suit for declaration and administration---Rejection of plaint---Scope---Averments and allegations made in the plaint were to be examined for the purpose of rejection of plaint---Plaint could not be rejected if cause of action was spelt out from the same assuming the plaint to be correct---Question as to whether plaintiff would be able to prove cause of action or not was irrelevant for deciding an application for rejection of plaint where same was disclosed---Accompaniments of plaint and other undisputed material on record could also be looked into for deciding the said application---Questions as to whether other legal heirs of the deceased were entitled to their share in the properties left by him or whether said properties were left by the deceased or not were subject of decision in the suit for administration---Suit for administration by a co-sharer could not be dismissed as barred by time---Plaint couldnot be rejected in piecemeal and for rejection of the same plaintiff should not be entitled to any of the relief sought therein---Parties were at variance on question of fact which could not be resolved without recording their evidence---Plaint could not be rejected in circumstances without affording opportunity to the parties to adduce evidence and without providing them chance of hearing---Application for rejection of plaint was dismissed in circumstances. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 ref. Pakistan Agricultural Storage and Services Corporation Ltd. v. Mian Abdul Latif and others PLD 2008 SC 371; Syed Mehdi Hussain Shah v. Mst. Shadoo Bibi and others PLD 1962 SC 291; Q.B.E. Insurance (International) Ltd. v. Jaffar Flour and Oil Mills Ltd. and others 2008 SCMR 1037; Mst. Karim Bibi and others v. Zubair and others 1993 SCMR 2039; Muhammad Younis Arvi v. Muhammad Aslam and 16 others 2012 CLC 1445 and Muhammad Afzal v. Muhammad Manzoor and 40 others 2013 YLR 85 rel. (b) Words and Phrases--- ----"Cause of action"---Meaning---Cause of action would represent all the requisites and facts which were necessary for…

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