Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Criminal Procedure Code (V of 1898)

Section: 169,182

Law: Pakistan Penal Code, 1860

Section: 148,149,427,435,506

Civil Procedure Code (V of 1908)-- ----O. VII, R. 11---Plaint, rejection of---Factors to be considered---Only averments of the plaint and documents appended with the same were to be considered and nothing else, while rejecting the plaint. Pandit Gaya Parshad Tewari v. Sardar Bhagat Singh and another (Privy Council, 1908 (35) L.R.-I.A. 189; AIR 1947 PC 108; Abdul Majeed Khan v. Tawseen Abdul Haleem and others 2012 CLD 6; Niaz and others v. Abdul Sattar and others PLD 2006 SC 432; Haji Allah Bakhsh v. Abdul Rehman and others 1995 SCMR 459 and Muhammad Saleem Ullah and others v. Additional District Judge, Gujranwala and others PLD 2005 SC 511 rel. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- Through this single judgment, I intend to decide R.F.A. No. 94-D/2018, R.F.A. No.95/2018-D, R.F.A. No. 96/2018-D, R.F.A. No. 97/2018-D, R.F.A. No. 98/ 2018-D, R. F. A. No. 99/2018-D, 100/2018-D and R.F.A. No.101-D/2018, as common question of law and facts in all these regular appeals are involved. 2. Brief and relevant facts leading to instant appeals are that the appellant filed a suit for recovery of Rs.18,00,000/- against the respondents for causing him mental torture, body pain, agony and damage to his reputation on account of his lodging of crime No.44 dated 18.4.2014, registered under sections 435, 427, 506, 148, 149, P.P.C. at Police Station Chaudhwan, by leveling frivolous and baseless allegations, as a result of which his house was raided by the police. Consequently, they took pre-arrest bail and remained under the threat of arrest in case of withdrawal of pre-arrest bail by the Court. During investigation, the report of the complainant-respondent was found to be false and the appellants were discharged after long investigation, as such they sustained mental agony due to their false implication in the case, which necessitated to file the suit for damages. After service of summons, the respondent put his appearance and submitted an application for rejection of plaint under Order VII, Rule 11, C.P.C. The learned trial Judge, after hearing the parties, dismissed the petition vide order dated 21.11.2017. Not contented with the same, the respondent filed revision…

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