Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Constitution of Pakistan, 1973

Section: 10A

(a) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Plaint, rejection of---Scope---Provision of O.VII, R.11, C.P.C. was not to be invoked in case of controversial questions of fact or law---Question of limitation was a mixed question of law and facts---Court in such a situation was to settle the dispute on merits in accordance with law. Ahmed Nawaz Jagirani v. Sindh Industrial Trading Estate Ltd. 2017 CLC 40 and Kinnaird College for Women through Principal v. Maria Isabel Maldonado Gracia 2015 CLC 1423 ref. Noor Din and another v. Additional District Judge, Lahore and others 2014 SCMR 513; Ghulam Murtaza v. Mst. Asia Bibi and others PLD 2010 SC 569; Farkhanda Bibi and others v. Mehmood Munir and others 2018 CLC 685 and Muhammad Nawaz Minhas and others v. Mst. Surriya Sabir Minhas and others 2009 SCMR 124 distinguished. Jewan v. Federation of Pakistan 1994 SCMR 826 rel. (b) Constitution of Pakistan--- ----Art.10-A---Fair trial---Scope---Fair trial and due process of law is Fundamental Right of litigant. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, J.--- Through the instant petition, the petitioners have questioned the legality and propriety of judgment dated 12-03-2013 passed by the First Additional District Judge, Badin in Civil Revision No. 08/2013 (Faheem Memon and others v. Abdul Ghani Abro and others). Through the impugned judgment, the learned Appellate Judge allowed the said civil revision and resultantly rejected the plaint of FC Suit No. 54/2011 filed by the petitioners against the private respondents. As no other alternate remedy is available to the petitioners; therefore, they preferred the instant petition for redressal of their grievance in respect of the impugned judgment. 2. The relevant facts of the case are that the petitioners have filed the aforementioned civil suit with a claim that they as well as the private respondents Nos. 2 to 7 are the sons and daughters of the late Qadir Bux from his two different wives. The petitioners mother namely Mst. Kazbano (now deceased) was the second wife of their father while the mother of respondents namely Mst. Hajiani Khatoon (now deceased) was his first wife. Both families of late Qadir Bux…

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