Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Suit for damages-------Defendants filed application under O. VII, R.11, C.P. C. for rejection of plaint on the ground that since plaintiff in his suit had questioned suspension order passed against him along with prayer of damages, plaint was liable to be rejected---Counsel for defendants, during course of arguments, had admitted that plaintiff had not claimed the reinstatement into service, but had claimed only damages and had challenged suspension order---Counsel of defendants had also admitted that plaint could not be rejected in parts, but it could be rejected as a whole---Prayer clause in the suit showed that amongst other reliefs,, a prayer for damages, was also made by the plaintiff, which required evidence---Even otherwise, suit for damages, was not hit by any of the clauses of O. VII, R.11, C.P.C. Mrs. Anisa Rehman v. P.I.A.C. and another 1994 SCMR 2232; Habib Bank Limited and others v. Syed Zia-ul-Hassan Kazmi 1998 SCR 60 and United Bank Limited and others v. Ahsan Akhtar and others 1998 SCMR 68 ref. Abrar Bukhari for Plaintiff. M. Sohail Zafar Bhatti for Defendants. ORDER MUHAMMAD TASNIM, J.--- This is an application (C.M.A. 7676 of 2010) under Order VII, Rule 11, C.P.C. filed by the defendants for rejection of plaint. Learned counsel for the defendants in support of his application has submitted that since suspension order has been questioned along with the prayer of damages in this suit the plaint is liable to be rejected. However, during the course of arguments he had admitted that plaintiff has not claimed the reinstatement into service but has claimed only damages and challenged the suspension order. He has also admitted that plaint cannot be rejected in parts but it can be rejected as a whole. Learned counsel for the defendants has placed reliance on the case of Mrs. Anisa Rehman v. P.I.A.C. and another 1994 SCMR 2232. On the other hand learned counsel for the plaintiff has submitted that application merits no consideration as in the suit relief of reinstatement has not been claimed but the suspension order has been challenged. Learned counsel for the plaintiff further submits that apart from the above the plaintiff has also claimed for damages…

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