Law: Civil Procedure Code (V of 1908)

Section: S.115,O.VII,R.11

Civil Procedure Code (V of 1908) --- ----O. VII, R. 11---Suit for mandatory injunction seeking direction to the defendants to keep functional health centre built on gifted property---Plaint, rejection of---Factors to be considered---Defendants moved application for rejection of plaint which was accepted---Validity---Court while deciding application under O. VII, R. 11, C.P.C. might consider facts and documents on record---None of the donors or any of their representatives in interest had ever raised any challenge to the use or re-use of gifted property---Donee could deal with the suit property as full owner without any hindrance, liability or limitation---Donee had stepped into the shoes of the donors on the strength of gift deed and he could not be prevented from use of the property in dispute---Defendants had legal capacity to restructure the health centre existing on the suit land to make it more facilitating and effective---Plaintiffs had no locus standi and legal character or right to impugn the actions of defendants---Plaint had rightly been rejected, in circumstances---If suit was not maintainable then Court should nib the evil in the bud---No illegality or irregularity had been pointed out in the impugned orders passed by the Courts below---Revision was dismissed, in circumstances. Raja Ali Shah v. Messrs Essem Hotel Limited and others 2007 SCMR 741 ref. Haji Abdul Karim and others v. Messers Florida Builder (Pvt.) Limited PLD 2012 SC 247; S.M. Shafi Ahmad Zaidi v. Malik Hasan Ali Khan 2002 SCMR 338 and Arif Majeed and others v. Board of Governors Karachi Grammar School 2004 CLC 1029 rel. THIS JUDGMENT DELIVERED BY: WIQAR AHMAD, J.--- Through the Civil Revision Petition filed under section 115 of the Code of Civil Procedure, 1908 ("C.P.C."), the petitioners have called in question the judgment and order dated 13.05.2019 passed by the learned Additional District Judge-VI Peshawar and order of the learned trial Court dated 19.02.2019. Through the later order their plaint was rejected under Order VII, Rule 11, C.P.C. and through former their appeal against the order has been dismissed. 2. Brief but essential facts of the case are that the…

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