Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Pakistan Rehabilitation Ordinance, (XLII of 1956)

Section: 7,18

Law: Specific Relief Act, 1877

Section: 42,54

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), Ss. 42 & 54---Pakistan Rehabilitation Act (XLII of 1956) [as adapted in Azad Jammu and Kashmir], Ss. 7 &18---Evacuee property---Suit for declaration, permanent injunction and possession---Bar on jurisdiction of Civil Court---Plaint, rejection of---Scope---Plaintiff assailed mutations and sale-deeds on the ground of being executed in excess of share of vendor-defendant---Trial Court rejected the plaint on the ground that Civil Court had no jurisdiction to try and decide the controversy with regard to evacuee property---Validity---Court while deciding the controversy with regard to cause of action had to consider the averments of the plaint and relief claimed by the plaintiff---If all the averments were presumed as correct and even then the relief could not be granted or the suit was barred by any law only then plaint could be rejected summarily under O. VII, R. 11, C.P.C.---If plaintiff had made a prayer for more than one reliefs and out of multiple claims even if only one claim could be granted by the Court then plaint could not be rejected---Plaintiff in the present suit, had sought declaration for setting aside the challenged sale-deeds and mutations with the averments that same had been executed with fraud and misrepresentation---Only Civil Court had jurisdiction to set aside an illegal or void transaction and no other authority had jurisdiction to annul such sale-deeds---Relief with regard to cancellation of sale-deeds and mutations on the ground of being in excess of the share of vendor and question of impersonation was not barred by law for a Civil Court---Such questions could not be decided without recording evidence being questions of facts---Impugned order of Trial Court to that extent was not maintainable, in circumstances---Question of jurisdiction of Civil Court had wrongly been decided to the extent of alleged sale-deeds and mutations---Jurisdiction of Civil Court was barred with regard to the matters pertaining to partition of the evacuee land or ejectment of any person from the same---Rehabilitation Authorities had jurisdiction to make any…

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