Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11(d)---Specific Relief Act (I of 1877), S.42---Suit for declaration---Plaint, rejection of---Scope---Decree with regard to suit property had already been passed---Present suit was incompetent---Court, on presentation of plaint was bound to apply its mind independently over the facts of the case and conclude whether the suit was competent and maintainable---Trial Court had failed to adhere to the provisions of O.VII, R.11, C.P.C. which was mandatory in nature and did not apply its judicial mind---Present case would fall within clause (d) of O.VII, R.11, C.P.C.---Court was required to remain within the domain of plaint while examining the same under O.VII, R.11, C.P.C. and conclude whether suit was not hit by the provisions of O.VII, R.11, C.P.C.---No other document except the contents of plaint or the admitted documents placed by the plaintiff was to be taken into consideration for such purpose---Court was bound to reject the plaint prior to issuing notice to defendant if on perusal, it was hit by any of the provisions of O.VII, R.11, C.P.C.---Deviation of procedure by the Trial Court had culminated in entertaining a non-maintainable suit and had initiated incompetent proceedings---Law did not allow the continuity of frivolous litigation and an incompetent suit should be buried at its very inception---Revision was dismissed, in circumstances. Raja Ali Shan v. Messrs Essem Hotel Limited and others 2007 SCMR 741; S.M. Shafi Ahmad Zaidi through Legal Heirs v. Malik Hassan Ali Khan (Moin) through Legal Heirs 2002 SCMR 338 and Nasrullah Khan v. Mukhtar-Ul-Hassan PLD 2013 SC 478 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Allegation of practising fraud upon the court by the beneficiary of the proceedings was sin qua non for filing an application under S.12(2), C.P.C. JUDGMENT MUHAMMAD NOOR MESKANZAI, C.J.--- Instant petition calls in question the legality, propriety and validity of the judgment and decree dated 17th May, 2006, passed by the learned Majlis-e-Shoora, Lasbella at Hub, whereby the decree dated 17th March, 2006, passed by the learned Qazi, Lasbella at Uthal was reversed and the suit…

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