Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Suit for recovery of money---Rejection of plaint---Barred by time---Defendant was aggrieved of dismissal of his application by Trial Court declining to reject the suit being barred by time---Validity---Cause of action was required to be ascertained through recording of evidence---Explicit acknowledgment existed on behalf of plaintiff that many times and finally on 15-9-2015 defendant was directed to make payments which was not done---Date of occurrence of cause of action agitated by plaintiff was 15-9-2015 and suit was filed on 20-7-2018 and was apparently within time as per assertion of plaintiff, which was to be proved through evidence---Question of limitation was mixed question of law---High Court in exercise of revisional jurisdiction declined to interfere in the order passed by Trial Court as the same was well reasoned touching the very roots of plea raised by defendant---Revision was dismissed, in circumstances. Agha Syed Mushtaque Ali Shah v. Mst. Bibi Gul Jan and others 2016 SCMR 910; Pakistan Refinery Ltd. v. Pakistan Natiional Shipping Corporation and 2 others 1986 CLC 644 and Messrs Imperial Builders through Managing Partner and another v. Lines (Pvt.) Limited through Chief Executive and 3 others PLD 2006 Kar. 593 ref. (b) Civil Procedure Code (V of 1908)--- ----S.115---Revision---Non-filing of complete record---Effect is mandatorily to file copies of all documents with revision under S.115 C.P.C., otherwise revision petition is liable to be dismissed. JUDGMENT ATIR MAHMOOD, JUSTICE:----- This civil revision is directed against the order dated 27.02.2019 passed by learned Civil Judge, Rawalpindi. 2. Brief facts of the case are that respondent/plaintiff (herein after called as respondent) filed a suit for recovery of Rs.100,960,065/- against the petitioner/defendant (herein after called as petitioner) detail of which is well mentioned in the plaint. The petitioner resisted the suit by filing written statement. He also filed an application under Order VII, Rule 11 of C.P.C. which was contested by the respondent. Learned trial Court, vide order dated 27.02.2019 dismissed the application, hence,…

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