Law: Civil Procedure Code (V of 1908)

Section: O.VI,VII,R.7,11

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,17(2)(a),79

Law: Contract Act, 1872

Section: 11

Law: Specific Relief Act, 1877

Section: 12

(a) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Specific Relief Act (I of 1877), S.12---Rejection of plaint---Scope---Suit for specific performance on the basis of agreement to sell---Plaint of such suit could be rejected under O.VII, R.11, C.P.C. which provision did not place any such restriction, rather laid down that an incompetent suit must be buried if found falling within the ambit of O.VII, R.11, C.P.C. (b) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Averments made in plaint, appraisal of---Principles. Averments made in the plaint are to be taken as true and correct but this would not operate as a bar in exercise of the judicial power of appraisal of the plaint, which includes examination of document(s) attached thereto, towards legality thereof; even the developed legal proposition permits taking into consideration the un-denied facts and document(s), if produced by the defendants. Judicial power of appraisal of plaint even would permit the court to presume existence of certain fact, if so appearing from contents of plaint or documents, attached thereto. Abdul Karim v. Florida Builders (Pvt.) Ltd. PLD 2012 SC 247 foll. (c) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Powers of court under O.VII, R.11, C.P.C.---Object. The object of powers conferred upon the trial court under Order VII, Rule 11, C.P.C. is that the court must put an end to the litigation at the very initial stage when on account of some legal impediments full-fledged trial will be a futile exercise. Noor Din and another v. ADJ, Lahore and others 2014 SCMR 513 foll. (d) Qanun-e-Shahadat (10 of 1984)--- ----Art. 79---Proof of execution of document---Principles---Provision of Art. 79 placed a complete prohibition for using in evidence any such document which was either not attested or attested as not per mandated by law and/or if the required number of attesting witnesses were not produced. (e) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 79 & 17---Sale agreement---Proof of execution---Principles---Agreement to sell attested by Notary Public was not the requirement of law---Notary Public could not be said to be an attesting witness to such agreement. Zafar…

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