Law: Civil Courts Ordinance, 1962

Section: 18

Keywords: Result: Petition allowed JUDGMENT ' Ch. Muhammad Iqbal, J. Through this R.F.A., the appellant has challenged the order decree dated 18.02.2010 whereby plaint of the suit for possession, filed by the appellant, was rejected under Order VII Rule 11 of CPC by the learned Civil Judge 1st Class, Lahore. 2. Brief facts of the case are that the appellant filed a suit for possession of House No. 173/A-1, Ahmad Block, New Garden Town, Lahore against Respondent No. 1 as well as public-at-large. On 2.9.2003, power of attorney on behalf of Respondent No. 1 was filed and despite availing numerous opportunities, he failed to file his written statement whereupon his right of defence was struck off vide order dated 12.2.2004. Thereafter, on 17.7.2006, Respondent No. 1 filed an application under Order VII Rule 11, CPC on the ground that the suit property is not a trust property as Clause-5 of Deed of Trust excludes it from the classification of trust properties; and that the suit property is his inherited property, which was owned by his mother. The said application was dismissed by the learned trial Court vide order dated 1.3.2007 by observing that despite availing several opportunities, Respondent No. 1 did not file the written statement, therefore, his right to file the same was struck off vide order dated 12.2.2004, which has not been challenged by him, as such, without challenging the said order, he cannot file the application under Order VII Rule 11, CPC; and that the question raised in the application requires evidence. Respondent No. 1 challenged the order dated 1.3.2007 by filing the Revision Petition No. 30/2007 before the learned Addl. District Judge, Lahore, which was accepted and as a consequence thereof, the order dated 1.3.2007 was set aside and the case was remanded back to the learned trial Court for deciding the application under Order VII Rule 11, CPC afresh after hearing the parties vide judgment dated 12.9.2008. Thereafter, on 29.4.2009, Respondent No. 1 filed second application under Order VII Rule 11, CPC for rejection of the plaint on the ground that the appellant is a trust and it has filed the suit without obtaining permission from the…

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