Law: Civil Procedure Code (V of 1908)

Section: 11

Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Dismissal from service---Suit for damages---Rejection of plaint---Lack of cause of action---Scope---Suit for recovery of damages---Plaintiff was dismissed from service---Plaintiff filed a petition against his dismissal, which was dismissed because the plaintiffs remedy was available before Service Tribunal and jurisdiction of the High Court was barred under Art. 212 of the Constitution---Plaintiff filed appeal before the Federal Service Tribunal, which was dismissed---Petitions for leave to appeal before Supreme Court were filed but the leave was refused---Plaintiff again after exhausting the remedy upto the Supreme Court filed a constitutional petition before the High Court, which too was dismissed---Dismissal of petition was then followed yet again by a suit before the Civil Court wherein the plaint was rejected under O.VII, R.11, C.P.C.---Plaintiff preferred appeal, which met the same fate---Plaintiff did not lose hope and filed second appeal, however, that too was dismissed---Matter was taken to the Supreme Court wherein after arguing the matter at length, permission was granted to withdraw the petition, however, it was for the purpose of availing appropriate remedy---Appropriate remedy as discovered by the plaintiff was in the suit for recovery of damages---Cause of action to claim damages had ceased when the plaintiffs dismissal was held lawful and confirmed---Damages could only follow on the count of unlawful dismissal in terms of pleadings of plaintiff---High Court rejected the plaint under O.VII, R.11, C.P.C. on the basis of the averments raised in the plaint itself. JUDGMENT MUHAMMAD SHAFI SIDDIQUI, J.----Plaintiff has filed this suit for recovery of damages against Thatta Cement Company which was incorporated under the then companies law. As against this claim, defendant No.1 has preferred an application under Order VII, Rule 11, C.P.C. that no cause of action has survived after the repeated dismissal of the main claim and relief that concerns with the dismissal and/or restoration of plaintiffs service. 2. I have heard learned counsel for the parties and perused the material available on record.…

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