Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Rejection of plaint---Cause of action, absence of---Defendant, a Welfare Association was dissolved and plaintiff, a Welfare Foundation, wanted to takeover the assets of the Association---Plea raised by plaintiff was that objectives contained in Memorandum of Association of both the organisations were similar, therefore after dissolution, Association was bound to donate its assets to any such organization---Validity---Held, in absence of any clause under the Memorandum and Articles of Association of defendant Association, that assets would be given/handed over or donated to any specific entity or any agreement between the organizations that was plaintiff and defendant, plaintiff could not as a matter of right claim the assets of dissolved entity should be handed over to plaintiff---Such was an undisputed factual position and in absence of any such document or undertaking by defendant Association, neither any right nor any interest had accrued in favour of plaintiff for bringing an action of such nature---Plaintiff did not have any legal character for instituting suit as no cause of action had accrued for filing the same and it was hit by S.42 of Specific Relief Act, 1877---Basic features to attract O.VII, R.11, C.P.C. were present---Plaint was rejected in circumstances. Arif Majeed Malik and others v. Board of Governors Karachi, Grammar School 2004 CLC 1029 rel. THIS ORDER PASSED BY: MUHAMMAD FAISAL KAMAL ALAM, J.--- Plaintiff has filed this suit, inter alia, for directions, to take over the assets of defendant No.1-M/s. Latif Memorial Hospital Welfare Association, of which defendants Nos.2 and 3 are also the members, on the ground that objectives as contained in the Memorandum of Association of both the entities, that is, plaintiff and defendant No.1, are similar and defendant No.1, in view of its Article 20 relating to dissolution, is bound to donate its assets to any such committee which has the similar objectives. The plaint contains the following prayers: "PRAYER (a) Declaration to the effect that all the assets of the defendant No.1 per…

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