Law: Civil Procedure Code (V of 1908)

Section: 11(a)

(a) Civil Procedure Code (V of 1908)--O.VII, R.11(a)---Rejection of plaint---Cause of action---Determination---Effect--- “Accrual of cause of action” and “disclosure of the same” are distinct from each other---Former can only be decided after recording of evidence whereas the latter if does not disclose cause of action would result into rejection of plaint. (b) Specific Relief Act (I of 1877)---Ss.8, 42 54--- Civil Procedure Code (V of 1908), S.11---Suit for recovery of possession, declaration and injunction---Res judicata, principle of---Concurrent findings of facts by Courts belows/plaintiffs claimed to be owners on the basis of entries in Record of Rights (Jamabandi) to the extent of their shares in suit land---On application filed by respondent/defendant Trial Court rejected the plaint and appeal filed by petitioners/plaintiffs was dismissed by Lower Appellate Court, as the matter had already been decided by Courts in earlier suit---Validitys/plaintiffs were time and again raising one and the same plea through different modes and manners, which in the circumstances of law was neither permissible nor could be allowed---Concurrent findings with respect to the facts to two suits could only be set at naught when findings of both the Courts below were perverse against law, illegal and result of mis-reading, non-reading and misapplication of law---High Court declined to interfere in concurrent findings of facts by two Courts below---Revision was dismissed, in circumstances. Muhammad Saleem and others v. Rasheed Ahmed and others 2004 SCMR 1144 and Mst. Zaitoon Begum v. Nazar Hussain and another 2014 SCMR 1469 rel. JUDGMENT: MUHAMMAD NAEEM ANWAR, JUSTICE:---.--- Through this Civil Revision, the petitioners have questioned the validity and correctness of judgment and order of learned District Judge, Bannu, whereby their appeal was dismissed, consequently the judgment and order of the learned Civil Judge-IX, Bannu dated 06.01.2014 was maintained. 2. Facts in brief are that petitioners have filed a suit for declaration claiming therein that they are owners to the extent of 03-Kanal and 17-Marlas in property bearing Khasra Nos. 1173 and 1174 measuring 04-Kanal and…

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