Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R. 11 & S.141---Suit for possession through partition---Rejection of plaint---Scope---Contention of defendants was that plaint did not disclose cause of action---Application for rejection of plaint was accepted concurrently---Validity---Only contents of plaint were to be considered while invoking provisions of O.VII, Rule 11, C.P.C. wherein cause of action was disclosed---Plaintiffs had a right to have a fair trial by producing evidence and to have a judicial opinion of the court on merits of case---Court had to presume that averments made in the plaint were true---Power to reject plaint under O.VII, R.11, C.P.C. must be exercised only in a clear case wherein court had concluded that even if the averments of plaint were proved the plaintiffs would not be entitled to any relief---Averments of plaint had disclosed cause of action and Trial Court was not justified to reject the plaint---Assertions made in the written statement or documents annexed with the same were to be ignored while deciding application under O.VII, R.11, C.P.C.---Pleadings of parties could not be considered as evidence when its maker was not examined in its support and cross-examined by his opponent---Provisions of S.141, C.P.C. would not attract to such applications---Requirement of recording evidence on question of fact could not be bye-passed to justify invoking the provisions of O.VII, R.11, C.P.C.---Trial Court should record evidence and decide preliminary as well as factual issues through its ---Provisions of O.VII, R.11, C.P.C. could not be invoked in case of controversial questions of fact or law---Proper course in such cases was to decide all the objections after recording evidence of parties---Vendee in joint holdings was sharer in the same---Both the courts below had failed to exercise their jurisdiction so vested to them and had acted in excess of their jurisdiction illegally and with material irregularity---Judgments and decrees passed by both the courts below were set aside---Revision was accepted in circumstances. Abdul Waheed v. Mst. Ramzanu and others 2006 SCMR 489; Mrs. Anis Haider and others v. S. Amir Haider and others…

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