Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,O.II,R.2

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 & O. II, R. 2---Rejection of plaint---Suit to include whole claim---Scope---Plaintiffs had given new direction/ cover to old and decided facts and tried to present plaint on different cause of action which had already been decided---Plaintiffs being bound to include whole claim in the suit filed in the earlier round of litigation, present suit was barred by law---No illegality, irregularity or perversity had been committed by the courts below---No misreading or non-reading of the documents annexed with the plaint had been pointed out by the plaintiffs---Plaint was rightly rejected by the Trial Court---Appeal was dismissed in circumstances. ORDER SARDAR ABDUL HAMEED KHAN, J.---This appeal has been directed against the order of District Judge Muzaffarabad dated 27-8-2010, whereby the suit for recovery of Rs.3,00,000 filed by the plaintiffs was rejected under Order VII, Rule 11 of C.P.C. The precise facts giving rise to the instant appeal are that the plaintiffs filed a suit for money amounting to Rs.3,00,000 against the defendants in the Court of District Judge Muzaffarabad. It was averred by the plaintiffs that the land comprising old survey Nos. 84, 85, 86 87, and 126 measuring 14 Kanals 16 Marlas situated in Mauza Khamdhrang (Shaukat Lines) Tehsil and District Muzaffarabad was in the possession and ownership of plaintiffs, before that this land was in the possession and ownership of the mother of plaintiffs Mst. Qasim Jan. It was also stated in the plaint that Abdul Wahab son of Ghulam Hussain father of defendants Nos. 1 to 8 got allotted the land in dispute on 21-1-1958 secretly and also obtained proprietary certificate with malicious practice, and then secretary transferred the suit land to one Shafiq-ur-Rehman Pervaiz son of Fazal-ur-Rehman resident of Chatter Dome (defendant No. 9) in lieu of Rs.2,00,000 vide sale deed dated 24-7-1998 without possession, as the possession was with the plaintiffs and said Shafiq-ur-Rehman also got attested mutation No. 143 in collusion with the Patwari. The plaintiffs stated that Shafiq-ur-Rehman did not pay the amount of sale deed, therefore, the defendants Nos. 1…

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