Law: Civil Procedure Code (V of 1908)

Section: 11

Civil Procedure Code, 1908 (V of 1908)-- ----O.VII R. 11--Application for rejection of plaint--Dismissed--Revision petition--Dismissed--Suit for recovery filed by petitioner while suit for declaration by Respondent--Respondent was convicted in referenced made by NAB--Appeal was pending--Both suits were consolidated--Application for rejection of plaint on point of limitation--Concurrent orders--To succeed in plea for rejection of plaint in suit of respondent, petitioner is to show under which law suit of respondent is either expressly or implied barred--The petitioner has pointed out no such law--Counsel for petitioner did not pinpoint any provision of NAB Ordinance, which confers exclusive jurisdiction on Accountability Court to enforce civil obligations-- It has never been urged that a criminal Court enforces civil obligations by taking proceedings to recover amount of compensation as an arear of land revenue--Standard of proof required in civil and criminal proceedings is different-- The contention made by petitioner appears surprising to us in that it has potential of causing detriment to his claim-- The petitioner will still have chance of success in his claim in civil proceeding if civil Court finds that preponderance of probability tilts in his favour--Petition dismissed. 1991 SCMR 2126 ref. Civil Procedure Code, 1908 (V of 1908)-- ----S. 9--Jurisdiction--Civil Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. ORDER Syed Mansoor Ali Shah, J.--The petitioner seeks leave to appeal against an order of the Lahore High Court, dated 08.12.2020, whereby the High Court has dismissed his writ petition and upheld the order of the revisional Court, dated 20.11.2020. By its order, the revisional Court had dismissed the revision petition of the petitioner filed against the order of the trial Court, dated 27.10.2020, dismissing the application of the petitioner for rejection of the plaint in a suit filed by Respondent No. 3, Ch. Muhammad Ashiq, (“respondent”). All three Courts below have thus decided the matter against the petitioner. 2. Briefly, the factual background of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492