Law:

Section:

(a) Civil Procedure Code (V of 1908)---.--- ---.---O. XXXIX, Rr. 1, 2 & O. VII, R. 11---.---Specific Relief Act (I of 1877), S. 42---.---Suit for declaration---.---Application for grant of temporary injunction---.---Rejection of plaint while deciding application for interim injunction---.---Scope---.---Trial Court rejected the plaint while deciding application for grant of temporary injunction but Appellate Court remanded the case---.---Validity---.--W.hile rejecting plaint only contents of the same should be considered---.---Plaint, in the present case, disclosed cause of action---.---Trial Court had passed impugned order in violation of its earlier order whereby same application under O. VII, R. 11, C.P.C. was dismissed---.---No fresh application for rejection of plaint had been moved---.---Order passed on the earlier application for rejection of plaint had attained finality---.---Trial Court only intended to dispose of application for grant of temporary injunction and arguments to that extent had been heard---.---Plaint could not be rejected while hearing arguments on application under O. XXXIX, Rr. 1 & 2, C.P.C.---.---Rejection of plaint, in the circumstances was not justified---.---No illegality or material irregularity had been pointed out in the impugned order passed by the Appellate Court---.---Revision was dismissed in limine. Haji Abdul Karim and others v. Messrs Florida Builders (Pvt.) Limited PLD 2012 SC 247; Jewan and 7 others v. Federation of Pakistan through Secretary, Revenue, Islamabad and 2 others 1994 SCMR 826; Mushtaq Hussain v. Province of Punjab through Collector Jhelum District and 6 others 2003 MLD 109; Muhammad Tariq Mahmood and 2 others v. Anjuman Kashmiri Bradari Khisht Faroshan through President Abdul Ashfaq and 21 others 2003 CLC 335; Mst. Amina v. Muhammad Easa and 11 others 2008 YLR 1405 and Iftikharul Haq v. District Canal Officer and others 2005 CLC 1740 rel. (b) Civil Procedure Code (V of 1908)---.--- ---.---O. VII, R. 11---.---Plaint, rejection of---.--W.hile rejecting plaint only contents of the same had to be looked into. THIS ORDER PASSED BY: SHAHID MUBEEN, JUSTICE:---.------ Brief facts giving rise to the…

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