Law: Civil Procedure Code (V of 1908)

Section: O.VI,VII,R.11,16,17

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 & O. VI, Rr. 16 & 17---Suit for partition---Partial rejection of plaint---Scope---Striking out pleadings---Scope---Impleading of necessary party---Principles---Purchase of land from joint Khata---Possession subject to partition of property in question---One of the defendants moved application for rejection of plaint to his extent which was accepted---Contention of plaintiff was that partial rejection of plaint could not be made---Validity---Plaint could not be rejected in piecemeal as concept of partial rejection of plaint was inapplicable to the provisions of O. VII, R. 11, C.P.C.---Pleadings could be partially struck out but plaint could not be rejected partially---Plaintiff in a suit was dominus litis who might choose persons against whom he did intend to litigate and he could not be compelled to sue a person against whom he did not seek any relief---If a necessary party was not impleaded then suit itself was liable to be dismissed---Defendant who had been deleted from the suit had purchased the suit land---If a person did purchase a land out of joint holding then he would become a co-owner in the holding along with other co-owners---If the purchaser had obtained any land from joint holding then such possession would be subject to the partition of Khata---Courts below while passing the impugned orders had erred in law and Committed material illegality---Impugned orders passed by the Courts below were set aside---Application filed under O. VII, R. 11, C.P.C. would be deemed to have been dismissed---Revision was allowed, in circumstances. Aroma Travel Services (Pvt.) Ltd. through Director and 4 others v. Faisal Al Abdullah Al Faisal Al-Saud and 20 others 2017 YLR 1579; Mian Muhammad Akram and others v. Muhammad Rafi 1989 CLC 15; Mst. Shahnaz Begum v. Mst. Zulaikha Bibi and 5 others 1989 CLC 1526; Asgharali v. P.K. Shahani and 2 others 1992 CLC 2282; Haji Abdul Karim and others v. Messrs Florida Builders (Pvt.) Limited PLD 2012 SC 247 and Haji Abdul Mateen Akhundzada and another v. District Coordination Officer/Deputy Commissioner, Quetta and 5 others PLD 2012 Bal. 154 distinguished. E.F.U.…

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