Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Constitution of Pakistan, Art.10A---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Plaint, rejection of---Right of fair trial---Scope---Contents of plaint had disclosed a cause of action and same could only be decided by recording evidence of the parties---Law would favour adjudication on merits---Right of fair trial should be provided to the parties---Trial Court had rightly dismissed application for rejection of plaint---No jurisdictional defect or legal infirmity was pointed out in the impugned order passed by the Trial Court---Revision was dismissed in circumstances. Ilyas Ahmed v. Muhammad Munir and 10 others PLD 2012 Sindh 92; Muhammad Iqbal v. Altaf Hussain and others 2011 CLC 250; Province of Punjab through Collector, Bahawalpur v. Anwar Ali and 315 others 2000 CLC 1362; Messrs Karsaz Construction Company through Partner Muhammad Hanif v. Pakistan through Secretary, Ministry of Defence, Islamabad and another 1999 CLC 1719; Muhammad Hamdan Shaikh v. The Chairman, Board of Secondary Education, Nazimabad, Karachi and 2 others PLD 1998 Kar. 59; Messrs. Ghee Corporation of Pakistan (Pvt.) Ltd. v. Messrs Ashraf & Sons through its Proprietor 1995 MLD 390; Agricultural Development Bank of Pakistan and 3 others v. Anwar Hussain Jatoi PLD 1982 Kar. 313 and Pakistan International Airlines Corporation and 5 others v. Muhammad Izharul Ahsan Qureshi PLD 1979 Kar. 640 distinguished. (b) Administration of justice--- ----Law would favour adjudication on merits. (c) Constitution of Pakistan--- ----Art. 10A---Right of fair trial---Scope--- Right of fair trial should be provided to the parties. ORDER ALI AKBAR QURESHI, J.--- Through this revision petition, petition, the petitioner-institution has questioned the validity of an order dated 16-5-2015, passed by learned trial Court, whereby the application filed by the petitioner-defendant under Order VII, Rule 11 of the Code of Civil Procedure, 1908, was dismissed being pre-mature. 2. Shortly the facts as stated in the record are; that the respondent/plaintiff filed a suit for declaration alongwith damages, on the ground, that…

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