Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.VII, R. 11 & O. II, R. 2---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Rejection of plaint---Scope---Plaint could be rejected only if same did not disclose cause of action or was barred by any law---Court should look into the contents of plaint only and examine the same on its face value in order to invoke the provisions of O. VII, R. 11, C.P.C.---Court should reject the plaint if same by itself had indicated any infirmity enumerated in O. VII, R. 11, C.P.C. as fruitless litigation was required to be buried at its inception to avoid wastage of time of courts and unnecessary harassment of the opposite party---Defence set up and documents annexed with the written statement could not be looked into for rejection of plaint---Both the parties had exhausted their legal efficacious adequate remedy available to them by initiating proceedings before the revenue department---Revenue department had conflicted views with regard to the entries made in the record-of-rights---Genuineness of said entries could not be determined without adducing evidence---Object behind legal formalities was to safeguard the interest of justice---Impugned order passed by the Appellate Court was not sustainable in law, which was set aside---Trial Court was directed to proceed with the matter on its own merits---Revision was disposed of accordingly. 2005 SCMR 969 ref. Haji Allah Bukhsh v. Abdul Rehman and others 1995 SCMR 459; Kashiparsad v. Bhanshidar AIR 2001 Maddhya Pradesh 185; Lachman Das v. Servanand 1995 SCMR 435 and Province of Punjab v. Abdul Majeed 1997 SCMR 1692 rel. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:---.--- This revision application is directed against the impugned judgment dated 27-5-2006 and decree dated 30-5-2006, passed by the learned District Judge, Tharparkar @ Mithi in Civil Appeal No. 06/2006, thereby dismissing the appeal of the applicants/plaintiffs and maintained the order dated 31-1-2006, passed by the learned Senior Civil Judge, Mithi, in first class Suit No. 81/2005, whereby the learned trial Court while deciding the application under Order XXXIX Rules 1 and 2, rejected the…

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