Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), S. 42---Limitation Act (IX of 1908), S. 3---Export Processing Zones Authority Ordinance (IV of 1980), S. 24---Suit for declaration---Plaint, rejection of---Scope---Contention of defendant was that plaint did not disclose cause of action and plaintiff had no locus standi to institute the present suit---Validity---Existence of "cause of action" to raise the "dispute" before a legal forum could not be denied when parties through their pleadings had directly or indirectly confirmed that they had a dispute between them---Contract between the parties with the title of "general agreement" was on record---Defendant had right to invoke arbitration clause under the said agreement---Dispute between the parties could not be decided without recording of evidence---Section 24 of Export Processing Zones Authority Ordinance, 1980 did not bar jurisdiction of civil court in deciding dispute with regard to declaration of right acquired under general agreement and lease deed---Question of point of time or computation of period of limitation to take the benefit of S.3 of Limitation Act, 1908 did not arise as long as the "cause of action" continued---Application for rejection of plaint was dismissed in circumstances. PLD 1965 SC 83 and NLR 1989 (Civil) 78 distinguished. ORDER NAZAR AKBAR, J.--- The suit was filed on 3-9-2008 and the sole defendant filed his written statement on 30-11-2013 after payment of cost of Rs.50,000 as the defendant was debarred from filing written statement on 6-10-2011. However the defendant had preferred an application (C.M.A. No.9897 of 2008) under section 34 of the Arbitration Act, 1940 to stay the proceeding of the suit by invoking the Arbitration clause in the General Agreement (Annexure 'D' to the plaint) read with section 24 of the Export Processing Zone Authority Ordinance, 1980 (hereinafter EPZ Ordinance). The said application was dismissed by a comprehensive order dated 18-5-2011 and the defendant did not prefer appeal. 2. Now after six years the defendant has filed the instant application under Order VII, Rule 11, C.P.C. on the grounds that (i) the plaint…

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