Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Specific Relief Act, 1877

Section: 8,42

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), Ss. 42 & 8---Suit for declaration, permanent junction and possession requiring property---Rejection of plaint---Scope---Defendants moved an application for rejection of plaint on the grounds of res judicata and limitation which was accepted by the Trial Court but same was dismissed by the Appellate Court---Validity---Suit was at initial stage and defendants had filed their joint written statement---Recording of pro and contra evidence for just and proper decision of the suit was required---Every fresh Jamabandi would give a fresh cause of action---Plaint was disclosing a cause of action---Question of limitation was a mixed question of law and facts requiring evidence---Mechanism for rejection of plaint on the ground of limitation was not provided in O. VII, R. 11, C.P.C.---Limitation could be a valid ground for dismissal of suit qua evidence recorded in the trial by the parties---Rejection of plaint at pre-trial stage on the ground of limitation would not come within the ambit of O. VII, R. 11, C.P.C.---Said provisions could only be attracted when plaint did not disclose any cause of action if same was taken as correct or same was barred by law---Suit filed after prescribed period of limitation would not empower the court to reject the same rather same had to be dismissed on the basis of limitation alongwith other ground if any after recording of evidence---No provision in Limitation Act, 1908 or any other law existed to dismiss the suit prima facie time barred---Law would favour decision of cases on merits and not on the basis of technicalities---Appellate Court had rightly remanded the case for decision afresh after recording pro and contra evidence in accordance with law---Revision was dismissed in circumstances. Managing Director Sui Southern Gas Company Ltd. Karachi v. Ghulam Abbas and others PLD 2003 SC 724 rel. THIS JUDGMENT PASSED BY: ABDUL LATIF KHAN, JUSTICE:---.--- This revision petition under section 115 C.P.C. is directed against the judgment and decree dated 4-5-2009, whereby Additional District Judge, Ghazi Camp Court Haripur, on acceptance of appeal of…

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