Law: Civil Procedure Code (V of 1908)

Section: S.12(2),115,151,O.VII,R.11

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Plaint, rejection of---Scope---Trial Court framed issues and case was fixed for recording evidence of the plaintiff---Defendant, before recording of evidence of the parties moved application for rejection of plaint which was accepted concurrently---Validity---Question of fact was involved in the present case and same could not be determined without recording evidence of the parties---Trial Court had framed issues and case was fixed for plaintiff's evidence---Case did not fall within the ambit of provision of O. VII, R.11 of C.P.C.---Courts below had committed material illegality and irregularity while rejecting the plaint---Petitioner had been non-suited summarily without allowing to lead pro and contra evidence---Impugned orders passed by the Courts below were without jurisdiction and lawful authority having no effect---Matter was remanded to the Trial Court with the direction to decide the same afresh after providing opportunities to the parties to produce their evidence---Revision was allowed, in circumstances. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- This Civil Revision Petition has been directed under section 115 read with section 151, C.P.C., against the impugned judgment/decree dated 20-3-2017 passed by the learned Civil Judge 1st Class Chilas whereby the learned trial Court has rejected the suit of the present petitioner/plaintiff under Order VII, Rule 11, C.P.C. and against the impugned judgment and decree dated 07-05-2018 passed by the learned District Judge Diamer in civil 1st appeal No. 02/2017 whereby the learned 1st appellate court has maintained the judgment/ decree passed by the learned trial Court and has dismissed the civil 1st appeal of the plaintiff/petitioner. 2. The concise facts forming the background of the instant revision petition are that the present petitioner/plaintiff instituted a suit for declaration and perpetual injunction in the court of civil judge 1st class Chilas against the present respondents/ defendants claiming that the then Administrator/ Revenue Commissioner Northern Areas has allotted him suit land measuring 4 kanals situated at Herpandass Chilas vide…

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