Law: Civil Procedure Code (V of 1908)

Section: 11

Civil Procedure Code, 1908 (V of 1908)-- ----O.VII R. 11--Suit for declaration--Dismissal of application for rejection of plaint--Concurrent findings--Scope of--At initial stage of proceedings, plaintiff could not be non-suited for not having a cause of action, and thus two Courts below have rightly dismissed application of petitioner--Counsel for petitioner was asked that which of clauses of Order-VII Rule-11 of the, CPC could hit plaint of Respondent No. 1 but, he failed to come up with a legally justifiable answer could not make out any case for interference of this Court in impugned order/Judgments and passed by two Courts below--Two Courts below have concurrently discarded plea of petitioner and in a writ jurisdiction petitioner was required to show that Orders/Judgments of Courts below suffer from jurisdictional defect(s) or that two Courts below have exercised their jurisdiction in an illegal and arbitrary manner or some material irregularities have been committed by Courts below which would justify interference by this Court in a petition filed under Article-199 of Constitution of Pakistan, but, same could not be established by petitioner before this Court. Civil Procedure Code, 1908 (V of 1908)-- ----O.VII R. 11--Application for rejection of plaint--Ground for rejection of plaint--At time of deciding an application filed under Order-VII Rule-11 CPC for rejection of plaint, Court has just to consider “contents” of plaint and every fact mentioned in plaint has to be considered as true and correct and even written statement or a plea taken in written statement could not be taken into consideration--Even fact/apprehension that plaintiff may not ultimately succeed in establishing averments made in plaint, cannot be a ground for rejecting plaint under Order-VII Rule-11 CPC. 1994 SCMR 826 ,  2012 CLD 758 ref. JUDGMENT The petitioner has invoked the Constitutional jurisdiction of this Court under Article-199 of the Constitution of Islamic Republic of Pakistan, 1973, seeking the following relief: “It is, therefore, most humbly prayed that on acceptance of this writ petition the impugned judgment/order dated 17.08.2021 passed by the learned Additional…

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