Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----VII, R. 11--Rejection of plaint--Non-existence of cause of action--No other remedy except to file civil suit--Validity--Accrual of cause of action or suit is barred by law are two distinct attributes and characteristics--Non-existence of cause of action concomitantly means that suit is also barred by law--Court has to catch sight of component discretely as envisaged under Order 7 Rule 11 C.P.C--A suitor claiming relief was required to prove for obtaining --Lack of proof or weakness of proof in case cannot furnish any justification for coming to conclusion that there is no cause of action shown in plaint. SBLR 2010 Sindh 1680 & 2011 CLC 88 ref. Civil Procedure Code, 1908 (V of 1908)-- ----O. VII, R. 11--Rejection of plaint--Cause of action--It is well settled exposition of law that for rejection of plaint, only averments made in plaint are to be looked into--Plaint amply demonstrates cause of action and relief claimed by appellant including damages cannot be considered barred by law. Unlawful Actions-- ----No statutory rules of service--Master and servant--A person who is covered under definition of workman, he may move to labour Court and or NIRC to seek redress of his grievance but a person employed in such an organization" which has no statutory rules of service or even in a statutory organization or institution having no statutory rules of service, he may file suit for his redress as obviously his relationship with his employer may be classified and categorized as of master and servant. THIS ORDER PASSED BY: Muhammad Ali Mazhar, JUSTICE:---.--- This appeal has been brought to challenge an order passed by the learned Single Judge of this Court in Civil Suit No. 2127 of 2015 on 20.11.2015 by dint of which the plaint was rejected. 2. The brief facts of the case are that the appellant filed the suit against the respondent for declaration, injunction and damages with the following prayers:-- "(a) Declare that the office order dated 05.11.2015 illegally demoting the plaintiff is without lawful authority, void ab initio, of no legal effect and a nullity in the eyes of the law; (b) Declare that the plaintiff was…

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