Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O.VII, R. 11---High Court appeal---Rejection of plaint---Violation of interim order---Effect---Cause of action---Stages---Plaintiff was aggrieved of order passed by Single Judge of High Court whereby his plaint was rejected for non-compliance of interim order---Validity---Failure of plaintiff to honor interim order could not lead to rejection of plaint specially when said order stood recalled by the court---When hearing injunction application all material available on record could be evaluated but in determination of whether a plaint was liable to be rejected, only plaint and its accompaniments were required to be examined---Where plaint disclosed a cause of action when suit was filed, same could not be returned solely on grounds that said cause of action was lost during pendency of proceedings---Division Bench of High Court set aside order passed by the Single Judge of High Court---High Court Appeal was allowed accordingly. Al Meezan Investment Management Company Limited and others v. WAPDA First Sukuk Company Limited and others PLD 2017 SC 1; Haji Abdul Karim and others v. Messrs Florida Builders (Pvt.) Ltd. PLD 2012 SC 247; Jewan and others v. Federation of Pakistan and others 1994 SCMR 826 and Khan Muhammad and others v. Ghulam Rasool and others PLD 1987 Lah. 71 rel. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.--- This question sought to be addressed herein is whether in the present facts and circumstances a plaint could be rejected under Order VII, Rule 11, C.P.C. on the ratiocination that the cause of action was lost during the pendency of the proceedings. 2. The brief facts in respect hereof are delineated in chorological order herein below:-- i. The Appellant had filed a Suit No.111 of 2016 ("Suit") seeking specific performance of an agreement of sale with respect to property, being House bearing No.A-1, Block-13, Gulshan-e-Iqbal, Karachi ("Property"). ii. The Appellant preferred an interlocutory application seeking to restrain the Respondent from inter alia dealing with the property and the same was granted vide order dated 05.06.2015 ("Interim Order"). It may be pertinent…

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