Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Plaint, rejection of---Scope---Impugned order was passed with regard to one ground and remaining dispute was not addressed in its required perspective---Additional grounds and prayers contained in the plaint had been disregarded erroneously on the ground that no arguments were advanced at the time of hearing---Only contents of the plaint were to be given primacy for considering an application under O. VII, R. 11, C.P.C.---Court was to consider whether plaint was barred by any law---Plaint had been rejected in the presence of additional grounds and prayers contained in the same exclusive to the issue whereupon findings were rendered on unsustainable ground that no arguments were advanced in such regard---Plaint could not be declared to be barred by law in presence of additional grounds and prayers clauses---Plaint being not a suit could not be rejected in piecemeal---Impugned order passed by the Trial Court was set aside---Matter was remanded to the Trial Court with the direction for further proceedings in accordance with law---Appeal was allowed accordingly. Mst. Nishat Ishaq v. Amjad Khan and others 2014 CLC 71; Haji Abdul Karim and others v. Messrs Florida Builders (Private) Limited PLD 2012 SC 247 and Jewan and others v. Federation of Pakistan and others 1994 SCMR 826 rel. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.--- The present appeal assails the order of learned Single Judge dated 29.11.2016 in Suit 242 of 2014 ("Impugned Order"), whereby the plaint filed by the present Appellant was rejected under Order VII, Rule 11, C.P.C. 2. Mr. Farhan-ul-Hassan, learned counsel for the Appellant, submitted that the Impugned Order was not sustainable in law and his arguments in such regard are encapsulated and presented in chronological order herein below: i. It was submitted that the Appellant is an employee of the Pakistan Defence Officers Housing Authority ("DHA"), Respondent No.1 herein, and had filed Suit No. 242 of 2014 ("Suit") against the Respondents, wherein multiple prayers were made inclusive of without limitation those pertaining to eviction from official accommodation, pertaining to basic pay scale…

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