Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Civil Procedure Code (V of 1908) --- ----O.VII, R.11---Plaint, rejection of---Suit for declaration---Limitation---Estoppel, principle of---Applicability---Longstanding entries of revenue record---Scope---Defendants moved application for rejection of plaint which was dismissed by the Trial Court but Appellate Court rejected the plaint---Validity---Suit earlier filed on behalf of predecessor-in-interest of plaintiffs had been dismissed upto Supreme Court and partition application was also dismissed---Plaintiffs had not appended copies of s passed in the earlier suit with the present case---Plaintiffs had admitted the fact of earlier litigations where their predecessor-in-interest was party---Predecessor-in-interest of plaintiffs was aware of the entries of the revenue record and same had not been assailed in the present suit---Plaintiffs had acquiesced by their conduct by not challenging the entries of revenue record and they were estopped to file the present suit---Longstanding entries of revenue record could not be challenged by the plaintiffs in circumstances---Limitation could not be considered to be a mixed question of law and facts in the present case---Present suit was incompetent and same must be buried from its inception---Fruitless and useless litigation was not to be encouraged---Court while determining the scope of O.VII, R.11 of C.P.C. should consider the contents of plaint but there was no clog from considering the other elements, written statement, documents and decision of earlier litigations---Plaint could be rejected when it did not disclose a cause of action and when from the written statement and plaint the suit appeared to be barred by law---Findings recorded by the Appellate Court were in consonance with law---No illegality or irregularity had been pointed out in the impugned passed by the Appellate Court---Constitutional petition was dismissed, in circumstances. Muhammad Ramzan v. Fazal Wahid YLR 2003 1050; Bashir Ahmad Khan and others v. Ghulam Sadar-ud-Din Khan and others 2012 CLC 600; Muhammad Mushtaq v. Abida Nasreen 2008 CLC 1507; Begum Syeda Azra Masood v. Begum Noshaba Moin and others 2007 SCMR 914; Barkhordar and others v. Lal…

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