Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Specific Relief Act, 1877

Section: 42,54

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Specific Relief Act (I of 1877), Ss.42, 54---Constitution of Pakistan, Art. 199---Rejection of plaint---Principle---Concurrent findings of facts by two Courts below---Interference under Constitutional jurisdiction---Scope---Petitioner/defendant was aggrieved of refusal by Trial Court and Lower Appellate Court to reject suit filed by respondent / plaintiff---Validity---At the time of deciding application filed under O.VII, R.11 C.P.C. for rejection of plaint, Court has to just consider “contents” of plaint---Every fact mentioned in plaint has to be considered as true and correct--- Even written statement or a plea taken in written statement cannot be taken into consideration---Fact / apprehension that respondent / plaintiff might not be ultimately successful in establishing averments made in…

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