Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Plaint, rejection of---Scope---Plaint did not disclose any cause of action---Effect---Plaint to be rejected when it did not disclose any cause of action---Court had power to reject plaint even without any application from a party if same was hit by any of the clauses mentioned under O. VII, R. 11, C.P.C.---Plaint was to be rejected if suit was incompetent---Parties be saved from the rigor of frivolous litigation at the very inception of the proceedings. Raja Ali Shan v. Messrs Essem Hotel Limited and others 2007 SCMR 741; Pakistan Agricultural Storage and Services Corporation Ltd. v. Mian Abdul Latif and others PLD 2008 SC 371 and Abdul Nasir and another v. Haji Saeed Akbar 2010 SCMR 1770 rel. THIS ORDER PASSED BY: NADEEM AKHTAR, JUSTICE:---.--- ON C.M.A. No. 127 of 2014 This application has been filed by defendant No. 2 under Order VII Rule 11, C.P.C. seeking rejection of the plaint on the ground that it does not disclose any cause of action against him. 2. This Suit for recovery of money has been filed by the plaintiff against two defendants, praying that a decree in the sum of Rs.28,000,000.00 be passed against them. His case, as averred in the plaint, is that a Memorandum of Understanding (MOU) dated 07.10.2003 was executed by defendants 1 and 2 whereby defendant No. 2 agreed to sell to defendant No. 1 property known as 'Hotel Metropole', bearing Plot Nos.21 and 23/1, measuring 13,111 sq. yds., situated at Club Road, Main Abdullah Haroon Road, Survey Sheet No. CL-5, Civil Lines, Karachi, in consideration of Rs.780,000,000.00. As per the terms and conditions of MOU, an amount of Rs.10,000,000.00 was paid by defendant No. 1 to defendant No. 2. The plaintiff, who is a marketing consultant, was introduced to defendant No. 1, who offered to him a share in the said property. The said offer of defendant No. 1 was accepted by him and he invested Rs.24,000,000.00 by paying the said amount to defendant No. 1 through two cheques, which was acknowledged by defendant No. 1. As a result of some dispute between defendants 1 and 2, a Suit was filed before this Court against defendant No. 2 by defendant No. 1 through…

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