Law: Civil Procedure Code (V of 1908)

Section: 12(2),92,O.VII,R.11

Law: Constitution of Pakistan, 1973

Section: 172

Law: Specific Relief Act, 1877

Section: 42,56

Law: Law Reforms Ordinance, 1972

Section: 3

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Plaintiffs filed suit for declaration, injunction and recovery of damages and same was dismissed without recording of evidence in exercise of powers under O. VII, R. 11, C.P.C.---Validity---Even if any of relief was barred or found to be barred by law, under O. VII, R. 11, C.P.C., a plaint could not be rejected in piecemeal if otherwise one of prayers contained in plaint was found to be maintainable---Suit filed by plaintiffs was maintainable and same should not have been dismissed under O. VII, R. 11, C.P.C. which provision of law only permitted rejection of plaint and not dismissal of suit---Fair trial and due process were Fundamental Rights of each and every litigant---Division Bench of High Court set aside order passed by Single Judge of High Court and remanded matter for decision afresh on merits---Intra court appeal was allowed in circumstances. Anjuman Araian, Behra v. Abdul Rashid and others PLD 1982 SC 308 and Muhammad Tariq Mahmood and 2 others v. Anjuman Khasmiri Bradari Khisht Faroshan through President Abdul Ashfaq and 21 others 2003 CLC 335 ref. Mst. Jan Ara and others Muhammad Zubair and others 2012 CLC 1630; Dr. Mohomed Aqeel Khan and others v. Mst. Dr. Shaharyar and others 1987 MLD 2809 and Shabir Ahmed v. Kiran Khursheed and others 2012 CLC 1236 rel. (b) Administration of justice--- ----Technicalities---Effect---Law prefers decisions of cases on merits and discourages technical knockout---Purpose behind legal and codal formalities and procedure is nothing but only to ensure safe administration of justice and avoid/thwart chances of injustice/miscarriage of justice. Imtiaz Ahmed v. Ghulam Ali PLD 1963 SC 382 rel. (c) Damages--- ----Onus to prove---Principles---Onus of proof for damages lies on shoulders of plaintiff / claimant and without discharging such onus of proof, damages cannot be granted straight away---Even a fixed amount of damages cannot be granted until and unless quantum of loss/damages actually suffered is proved through sufficient evidence. THIS JUDGMENT DELIVERED BY: AZIZ-UR-REHMAN, J.--- By means of this High Court Appeal section 3 of Law Reforms Ordinance, 1972, read…

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