Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R. 11---Specific Relief Act (I of 1877), Ss.39, 42, 54 & 55---Suit for cancellation of documents, declaration, injunction and damages---Application for rejection of plaint to the extent of one defendant---Scope---Said defendant had no nexus with the suit and rejection of plaint to his extent would cause no prejudice to the plaintiff---Main relief sought by plaintiff was against first defendant---Second defendant/applicant in question had already sold the subject property, and had no nexus with the same---First defendant, who was contesting the suit in question recorded his "no objection" if plaint with regard to second defendant was rejected---No prejudice would be caused to the plaintiff if the plaint was rejected against second defendant, who had already sold the subject property---Application for rejection of plaint filed by second defendant was allowed in circumstances and plaint with respect to him was rejected. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Purpose---Purpose of rejection of plaint was that still born suit ought to be buried at its very inception; that no time should be consumed on fruitless litigation, and that plaintiff should have a chance to retract his steps at the earliest possible time. Mst. Hajiani Khatija Bai and others v. Haji Dawood and 11 others 2003 MLD 828 ref. (c) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint, application for---Documents to be looked into by the Court---Apart from averments of plaint, the court could look into admitted/undisputed documents such as previous record of litigation---Court while doing so had to keep in mind the true spirit of O.VII, R. 11, C.P.C, i.e. incompetent suit should be buried at its inception without any delay. Mst. Hajiani Khatija Bai and others v. Haji Dawood and 11 others 2003 MLD 28 ref. Muhammad Mustafa Hussain for Plaintiff. Basil Nabi Malik for Defendants Nos.1 to 5. Zeeshan Adhi for Defendant No.7. Jafar Raza for Defendants Nos.9 and 10. ORDER SYED HASAN AZHAR RIZVI, J.--- By this order, I intend to dispose of applications listed at Serial No.3 and 5 C.M.A.…

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