Law: Specific Relief Act, 1877

Section: 54

Law: Civil Procedure Code (V of 1908)

Section: 11,9

(a) Specific Relief Act (I of 1877)--- ----S.54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for permanent injunction---Rejection of plaint---Scope---Trial Court rejected the plaint---Appellate Court dismissed the appeal---Validity---Plaintiffs father had title documents in his favour with regard to the suit land and there was a prima facie case in his favour---Trial Court ought to have completed the evidence rather than rejecting the plaint capriciously---Respondent had not denied the factum that the plaintiff was one of the legal heirs of the deceased---Respondent had not claimed possession of the subject land---Suit filed by plaintiff was required to have been decided on merits subject to arraying all the legal heirs of deceased as party in the proceedings---Findings recorded by the Courts below rejecting the plaint were held to be erroneous, thus, reversed/set aside---Matter was remanded to the Trial Court for decision on merits. Asal Janan and others v. Zareef Khan and others 2020 SCMR 668 ref. (b) Civil Procedure Code (V of 1908)---…

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