Law: Civil Procedure Code (V of 1908)

Section: 11

Keywords: Result: petition dismissed ORDER ' MIANGUL HASSAN AURANGZEB, J. Through the instant civil revision petition, the petitioners, M/s. Apex Consulting Pakistan, etc., have impugned the Order dated 28.1.2016, passed by the Court of learned Civil Judge 1st Class (West), Islamabad, whereby the petitioners' application under Order VII, Rule 11 of the Code of Civil Procedure, 1908 ("CPC"), was dismissed. 2. On 23.9.2015, the respondent, Tanveer Hussain, had instituted a suit for recovery and damages against the petitioners before the learned Civil Court. This suit was contested by the petitioners by filing a written statement on 12.11.2015. On the same day, the petitioners also filed an application under Order VII, Rule 11, CPC, wherein it was pleaded that the suit showed mala fide intentions, ulterior motives, misrepresentations and baseless facts; that the suit was neither maintainable nor in a proceedable form; that the suit did not disclose a cause of action; that the respondent/plaintiff in the suit had concealed material facts and tried to deceive the learned Civil Court; that the plaintiff in the suit had no locus standi for recovery of damages, and; that the learned Civil Court had no jurisdiction to adjudicate upon the suit. 3. Vide Order dated 28.1.2016, the learned Civil Court dismissed the said application under Order VII, Rule 11, CPC and directed the respondent to submit an amended plaint in accordance with the provisions of Order VII, Rule 1, CPC. The learned Civil Court adjourned the matter to 27.2.2016 for the filing of an amended plaint. 4. Learned counsel for the petitioners submitted that as the suit filed by the respondent was not in accordance with the requirements of Order VII, Rule 1, CPC, the same was liable to be rejected. He submitted that the said suit neither had a specific clause regarding the cause of action, nor set out the facts establishing that the Court had jurisdiction in the matter. It was further submitted that the suit did not state the value for the purposes of Court-fee and jurisdiction. In making his submissions, the learned counsel for the petitioners placed reliance on the cases of Ramprasad Chimanla Vs. Hazarimull…

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