Law: Civil Procedure Code (V of 1908)

Section: 11,9

(a) Civil Procedure Code (V of 1908)--- ----O.VII, R.11 S.9---West Pakistan Land Revenue Act (XVII of 1967), S.53---Suit for declaratory decree by persons aggrieved by an entry in record---Rejection of plaint---Limitation---Inheritance mutation---Scope---Petitioners assailed the rejection of their plaint---Validity---Petitioners had categorically alleged in the plaint that entries in revenue record had been made by way of fraud and forgery---In order to determine cause of action, the fate of the case was to be looked into through the lens of averments made in the plaint and same would be accepted as correct, that too where fraud was alleged and attributed---Such factum could be resolved only after recording of evidence---Whether the entries and revenue record were based on fraud or otherwise was a question which could be answered only when some evidence was recorded to that effect---Suit filed by the plaintiff was triable by the Trial Court in view of S. 9 of C.P.C. and S.53 of the West Pakistan Land Revenue Act, 1967---Writ petition was accepted and the case was remanded to the Trial Court to proceed from the stage whereof it was discontinued on rejection of the plaint. Muhammad Younis Arvi v. Muhammad Aslam and 16 others 2012 CLC 1445; Raja Gul Nawaz v. Kamran and 7 others 2016 MLD 1514; Khadim Hussain Khan and 9 others v. Mst. Sarwan Jan and 27 others 1999 MLD 824; Mst. Noor Bibi v. Mst. Mukarma Bibi 2014 YLR 1494; Muhammad Rahim v. Malik Daud Khan 2011 CLC 490; Mst. Bano v. Begum Dilshan 2001 CLC 88 and 2014 MLD 481 ref. (b) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Rejection of plaint---Allegation of fraud---Recording of evidence---Scope---Fraud vitiates all solemn proceedings, therefore, such like stance where fabrication and manipulation of documents is claimed, as per principle of civil dispensation of justice lis is liable to be adjudicated on the basis of preponderance of probability of evidence (produced by the parties) and technical knockout is not warranted. (c) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Rejection of plaint---Plaint cannot be rejected in piecemeal---Scope---While considering application under O.VII, R.11,…

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