Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Suit for declaration---Rejection of plaint after framing of issues---Scope---Issues had been framed and matter was fixed for evidence but---Defendant moved application for rejection of plaint---Trial Court dismissed the application for rejection of plaint but Revisional Court accepted the same---Validity---Counsel for the parties agreed that issues had been framed and it would be proper to set aside the impugned and remand the case to be decided after recording the evidence---Parties were at issues in the present case---Trial Court was to decide the dispute by referring evidence---Impugned order for rejection of plaint was not warranted in circumstances---Order passed by the Revisional Court was set aside and case was remanded to the Trial Court to decide the same in accordance with law---Constitutional petition was allowed in circumstances. Mst. Kareem Bibi and others v. Zubair and others 1993 SCMR 2039 rel. THIS ORDER PASSED BY: ABDUL MALIK GADDI, J.--- Through instant constitutional petition, the petitioner has assailed the legality and propriety of the order dated 10.3.2015 passed by the learned District Judge Shaheed Benazirabad in Civil Revision Application No.2 of 2015 whereby the learned District Judge Shaheed Benazirabad after hearing the parties rejected the plaint under Order VII, Rule 11, C.P.C. in F.C. Suit No.484/2013 filed by the petitioner and set aside the order dated 18.12.2014 passed by the learned 1st-Senior Civil Judge Nawabshah whereby he dismissed the application under Order VII, Rule 11, C.P.C. Perusal of record shows that petitioner filed a Civil Suit No.484 of 2013 for declaration, possession, mesne profit and permanent injunction against the respondents in which written statement was filed by the official respondents, issues were framed and matter was fixed for…

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