Law: Civil Procedure Code (V of 1908)

Section: 96

Civil Procedure Code, 1908 (V of 1908)-- ----S. 96 r/w Para 10(8) of Nizam-e-Adal, Regulation, 2009--Suit for recovery--Dismissed--Application for rejection of plaint--Accepted--Recovery of Rs. 2 crore including interest--Deed for payment of whole amount in instalments--Stopping ofinstalements--Suit was bared by Shariah Law--Challenge to--Learned trial Court has not even considered essential ingredients of Order VII Rule 11 CPC to hold that anyone of them was attracted to plaint of appellant--For purpose of applicability of Order VII Rule 11 CPC a Court is legally bound to peruse plaint in isolation without considering averments raised in written statement and thereafter plaint could be rejected if it is hit by sub-rules (a) to (d) of Order VII Rule 11 CPC--Learned trial Court has passed impugned order in a very casual manner on his own whims without caring for relevant provisions of law--Appeal accepted and case was remanded. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE---.--- The instant appeal under Section 96 of CPC read with para 10 (8) of the Nizam-e-Adal, Regulation 2009 is filed against the order dated 19.05.2015 passed by learned Civil Judge-II/ Illaqa Qazi, Swat whereby he has dismissed the suit of the appellant in a summary manner without recording any evidence after accepting application of the respondent for rejection of plaint. 2. On 24.10.2017 one Gohar Ali attorney for the respondent appeared in Court and requested for adjournment to engage a counsel but today he is absent, therefore, this appeal is being decided after hearing learned counsel for the appellant, as respondent is absent. 3. Appellant had filed a suit for recovery of rupees two crore (20 million) including interest from 1.6.2014 till final settlement of dispute. He has also prayed that a shop namely "Sona Mehal" situated in Mingora Bazar, District Swat, is ownership of respondent but since an agreement has been made between them, therefore, he has a charge to recover his debt from the said shop. The grievance of appellant is that respondent has admitted liability to pay rupees one crore to the appellantvide deed No. 1202 dated 26.05.2014 and from 1.6.2014 to…

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