Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Specific Relief Act, 1877

Section: 42

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), S. 42---Suit for declaration and possession---Rejection of plaint---Grounds---Trial Court rejected the plaint/suit on ground of maintainability on the application filed by the respondent (defendant)under O. VII, R. 11 of Civil Procedure Code, 1908---Contention of the petitioner/plaintiff that he had transferred the suit-land by way of gift in the name of his son (who later suffered from mental illness and passed away) for the purpose of getting loan from the bank by mortgaging the suit-land; and during the mortgage period the respondent had illegally purchased suit-land from his son---Validity---Record revealed that the installment of the loan had been paid by the petitioner to the bank; and that when mutation-in-question came to his knowledge, he submitted an application to the concerned Collector regarding illegal transfer of his land in the name of respondent---Collector appointed the Tehsildar for conducting an inquiry in the matter, who reported that mutation-in-question was illegal and was required to be cancelled to protect the interest of bank---During mortgage period the disputed property could not be sold-out---Contents/averments made in the plaint as well as impugned s/decrees passed by both the Courts below, transpired that no single ground for rejection of plaint as stipulated under O. VII, R. 11 of Civil Procedure Code, 1908 was available had been able to make out prima facie case in his favour and both the Courts below had committed material irregularity and illegality while rejecting his suit under O.VII, R.11 of C.P.C.---Chief Court set aside impugned s/decrees passed by both the Courts below and remanded the case back to the Trial Court to decide the case on merits---Revision was allowed, in circumstances. JUDGMENT SYED MANSOOR ALI SHAH, J.--- On 08.08.2015, Food Safety Officer (FSO) of the Punjab Food Authority visited LUNG FUNG, Chinese restaurant in Lahore. After carrying out inspection of six freezers installed in the restaurant, the FSO sealed the said restaurant on the same day allegedly invoking his powers under section 13 (1) (c) of the Punjab Food…

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