Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,O.I,R.8,Ss.2(2),96

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Specific Relief Act, 1877

Section: 42

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11, O. I, R. 8, Ss.2(2) & 96---Specific Relief Act (I of 1877), S.42---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44--- Writ petition--- Maintainability--- Alternate and efficacious remedy---Scope---Suit for declaration---Plaint, rejection of---Appeal---Limitation---Defendant filed application for rejection of plaint which was dismissed by the Trial Court but Appellate Court rejected the plaint---Contention of defendant was that plaint was rejected while exercising revisional jurisdiction under S.115, C.P.C. against which an appeal could be filed and writ was not maintainable---Validity---Order for rejection of plaint passed by the Appellate Court was a "decree"---Appeal could be filed against the impugned order and decree and writ petition was not maintainable---Plaintiffs could prefer an appeal against the impugned order and decree, on account of availability of an alternate and efficacious remedy, present writ petition was liable to be dismissed---Appeal could be filed within 90 days and if present writ petition was treated as an "appeal" same was barred by 28 days---Writ petition was dismissed, being not maintainable. Abid Hussain Jafri and others v. Azad Government and others 1998 PLC (C.S.) 141; Azad Government and 3 others v. Abdul Ghaffar Butt and 2 others 1999 PLC (C.S.) 1203 and Iqtedar Hyder v. Bank of Punjab through its Chairman and another 2001 MLD 1537 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 96---Appeal---Limitation---Appeal could be filed within a period of 90 days. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ jurisdiction, invocation of---Scope---Writ jurisdiction to be exercised in favour of a suitor who had invoked the same with clean hands. Abid Hussain Jafri and others v. Azad Government and others 1998 PLC (C.S.) 141; Azad Government and 3 others v. Abdul Ghaffar Butt and 2 others 1999 PLC (C.S.) 1203 and Iqtedar Hyder v. Bank of Punjab through its Chairman and another 2001 MLD 1537 rel. JUDGMENT M. TABASSUM AFTAB ALVI, J.--- The supra titled writ petition has been addressed under section 44 of the Azad Jammu…

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