Law: Civil Procedure Code (V of 1908)

Section: 11

Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Rejection of plaint---Adjudication of application under O.VII, R.11, C.P.C.---Exercise of powers under O.VII, R.11, C.P.C.---Scope---Plaint could not be rejected in piecemeal manner and by means of its rejection, plaintiff could not be left entitled to maintain any relief sought therein and plaint could only be rejected if all reliefs claimed by plaintiff therein were barred under law---Even if one of the prayers was maintainable, then plaint could not be rejected under O.VII, R.11, C.P.C.---Under codal formalities, there existed no concept of piecemeal rejection of plaint and O.VII, R.11, C.P.C. was procedural in nature and such power had to be exercised in exceptional circumstances and only where Court came to conclusion that even if all allegations were proved, plaintiff could not be entitled to any relief---Court had only to see as to whether any cause of action had been disclosed and it was immaterial whether plaintiff could prove the case or not, which could not be done without framing of issues and recording evidence. Najamuddin Zia and another v. Mst. Asma Qamar and others 2013 CLC 1263; Mst. Nishat Ishaq v. Amjad Khan and 2 others 2014 CLC 71; Shahzad and another v. IVth Additional District Judge, Karachi (East) and 5 others PLD 2016 Sindh 26; Syed Shabi-ul-Hassan Khusro v. Asad Mustafa and 6 others 2016 MLD 266; Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1999 SC 1; Muhammad Younis Arvi v. Muhammad Aslam and 16 others 2012 CLC 1445; Izhar Muhammad v. Messrs Memon Housing Services through Partner and another 2009 MLD 1378; Meer Hassan alias Ameer Hassan v. Federation of Pakistan through Secretary Port and Shipping, Islamabad and another 2009 YLR 1827; Sabir Hussain v. Board of Trustees of the Port of Karachi and 5 others 2010 YLR 3313; Syeda Adrish and another v. Syed Anwar-ul-Haq and 2 others PLD 2011 Lah. 569; Amir Karim v. Muhammad Asif and 10 others 2014 MLD 1537 and Muhammad Ali Shaikh v. Sui Southern Gas Company Ltd., through Managing Director and 3 others 2014 YLR 444 rel. ORDER Through instant appeal, order dated 01.07.2015 passed by learned trial Court/Judge Banking Court-II,…

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