Law:

Section:

Civil Procedure Code (V of 1908)---O. VII, R. 11---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Application for rejection of plaint---Contention of defendant was that cause of action had ceased to exist on account of filing fresh suit---Application for rejection of plaint was accepted concurrently---Validity---Averments of written statement could not be considered for rejection of plaint which was filed for declaration that plaintiff was owner of suit property based on registered sale-deed---Validity or genuineness of sale-deed could be determined in trial---Second series of suit could not be a tool for rejection of plaint---Suit could be dismissed being not maintainable---No findings existed with regard to registered sale-deed and entries entered in revenue record on the basis of the same---Plaint could not be rejected summarily when cause of action had been disclosed---Impugned orders of both the courts below were set aside and case was remanded for proceedings in accordance with law. ORDER MUHAMMAD SHAFI SIDDIQUI, J.---These are connected revision applications and since common question of law and fact is involved, therefore, I prefer to dispose of all these revision applications by a common order. 2. Being aggrieved and dissatisfied with the judgment dated 3 March, 2010 passed in Civil Appeal No.43 of 2009 and others and the order dated 3-10-2009 passed by learned Senior Civil Judge, Jamshoro in F.C. Suit Nos.1 to 7 2005, the applicants have preferred these revision applications. 3. Brief facts of the case are that applicants filed suits bearing Nos.1 of 2005 to 7 of 2005 in the Court of Senior Civil Judge, Kotri for declaration and permanent injunction. The following is the prayer of the applicants in the aforesaid suits:- "(a) That it may be declared that the plaintiff is owner of the suit-land and has acquired property rights in the suit-land. (b) That the defendant has no right in the suit-land in whatsoever manner as the suit-land is private land and has been purchased after verification from the Government Department. (c) That to grant permanent injunction thereby restraining the defendants not to interfere in the peaceful possession…

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