Law: Civil Procedure Code (V of 1908)

Section: 11

Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Rejection of plaint---Scopes assailed the dismissal of their application under O.VII, R.11, C.P.C.Contention of petitioners was that the dispute between the contesting parties had earlier been adjudicated upon up to the level of the Supreme Court in favour of the petitioners and that the respondents had tried to open a past and closed transaction---Validity---Supreme Court, in its order had observed that a factual determination was essential for ascertaining the respective rights and liabilities of the parties for which writ jurisdiction of High Court was not the appropriate remedy and that heavy liability could not be placed on the petitioners without recording of evidence and due trial; it was after the said order that the respondents had instituted their suit before a court of plenary jurisdiction---Appellate Court had not committed any jurisdictional error in remanding the matter to the Civil Court for a decision on merits after recording the evidence---Revision petition was dismissed, in circumstances. JUDGMENT MIANGUL HASSAN AURANGZEB, J. Through this Civil Revision Petition, the petitioners, Capital Development Authority ("CDA") etc, have impugned the Order dated 28.09.2015, passed by the Court of learned Additional District Judge, Islamabad (West), whereby respondents Nos.1 to 3's appeal against the order and decree dated 22.04.2015, passed by the Court of Senior Civil Judge, Islamabad (West), was allowed and the matter was remanded to the learned Civil Court with the direction to decide the suit on merits after recording of evidence. Vide the said Order dated 22.04.2015, the learned Civil Court had allowed the petitioners' application under Order VII, Rule 11 of the Code of Civil Procedure, 1908 ("C.P.C.") and rejected the plaint by holding that the suit instituted by respondents Nos.1 to 3, was not maintainable. 2. The essential facts for the disposal of this petition are that on 23.10.2014, respondents Nos.1 to 3 instituted a suit for declaration, mandatory and permanent injunction against the CDA and Director (Land), CDA before the learned Civil Court praying for the following relief:- "i) A…

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