Law:

Section:

. (a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)----- -----S. 13-----Civil Procedure Code (V of 1908), O. VII, R. 11-----Suit for possession through pre-emption on the basis of Pre-empted title-----Compromise between the parties-----Plaint, rejection of-----Scope-----Suit for possession through pre-emption was filed and compromise decree was passed which was further pre-empted-----Application for rejection of plaint was dismissed by the Trial Court but same was allowed by the Appellate Court-----Validity-----Present plaintiff was also defendant in the suit in which compromise was effected and decree was passed-----Suit property had been pre-empted on the basis of compromise and not by any kind of sale-----Plaintiff could not file any further pre-emption suit on the basis of pre-empted title-----Present suit was barred by law and plaint was liable to be rejected-----Courts should take effective measures against the obstinate litigant and their counsel who indulged in abuse of process of law-----Constitutional petition was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)----- -----O. VII, R. 11-----Plaint, rejection of-----Scope-----Incompetent plaint should be rejected at initial stage-----Such power could be exercised by the court at any stage suo motu even at the stage of deciding an interlocutory matters. 1998 CLC 382; PLD 2002 Kar. 502; 2004 CLC 1312; PLD 1984 Lah. 59 and 1992 CLC 2282 rel. (c) Administration of justice----- -----Courts should dispense justice in accordance with law and discourage repetitive litigation. THIS JUDGMENT DELIVERED BY: MUHAMMAD DAUD KHAN, JUSTICE:----------- Through the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Bakht Zada, the petitioner, has impugned the judgment dated 15-09-2011 rendered by learned Izafi Zilla Qazi-II, Swat, whereby the revision petition filed against the order dated 09-06-2011 passed by learned Illaqa Qazi-XV, Swat was allowed and as a consequence thereof the plaint of petitioner was rejected under Order VII, Rule 11, C.P.C. 2. We have heard arguments of the learned counsel for the parties and gone through the record appended with the…

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