Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VII R. 11 ----Rejection of plaint---Suit for damages on account of wrong calculation of pensionary benefits of the plaintiff, who had voluntarily retired from the defendant Bank---Plaint was rejected by Trial Court on ground that no cause of action had been disclosed therein and the suit was barred by time---Held, that contention of plaintiff that no scheme or policy for premature retirement existed was wrong as a letter clearly stating the policy existed and even otherwise, if there was no such policy or scheme, then the plaintiff himself had applied for the same and was not an illiterate person---Plaintiff received all final dues without a note of objection and therefore it was clear that he was satisfied with the calculations and he thereafter applied for return of documents of his property which was mortgaged with the defendant Bank and the same were returned to him by the defendant Bank and such fact was duly acknowledged by the plaintiff---After a lapse of three years, the plaintiff filed present suit and claimed miscalculation of benefits and sought damages---Courts below were justified in holding that no cause of action accrued to plaintiff in view of the fact that he received his full and final settlement after his retirement from the defendant Bank---Revision was dismissed, in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Concurrent findings---Concurrent findings could not be disturbed by the High Court in terms of its jurisdiction for revision under S.115, C.P.C. unless misreading or non-reading of evidence was shown, or if the findings were perverse. THIS JUDGMENT DELIVERED BY: SADIQ HUSSAIN BHATTI, Justice:---.--- Applicant is aggrieved by the judgment and decree dated 17.2.2014 passed by VII-Additional District Judge, Karachi, South, in Civil Appeal No.113/2013, whereby the appeal filed by the Applicant was dismissed and the order dated 25.4.2013, allowing application under Order VII, Rule 11, C.P.C. filed by Respondents Nos.1 and 2, whereby suit of the Applicant was dismissed, was maintained. 2. Facts, in brief, are that the Applicant was…

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