Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Specific Relief Act, 1877

Section: 39,42,54

Civil Procedure Code, 1908 (V of 1908)-- ----O.VII, R. 11--Specific Relief Act, (I of 1877), Ss. 39, 42 54--Suit for declaration, cancellation of gift-deed and permanent injunction--Application for rejection of suit--Allowed--Appeal accepted--Case was remanded--Challenge to--Oral gift--Contradictory versions--Gift-deed was endorsed by donor--Registered gift-deed--Contradictory versions by Respondent No. 1--Donor herself contested case and endorsed factum of registered gift deed specifically took a stance that mutation No. 470 was inserted and attested in presence and complete knowledge of Respondent No. 1--Oral gift deed could not be preferred over registered gift deed, declaration is subject to clear cut title of plaintiff--Respondent No. 1 simultaneously portrayed two contradictory versions in plaint and if entire evidence as per pleaded stance of Respondent No. 1 is allowed to be brought on record even then fact of ownership cannot be resolved in favour of Respondent No. 1--As per law for purpose of rejection of plaint only averments of plaint were to be looked into, cause of action meant bundle of facts incorporated in plaint--Appeal accepted.     [Pp. 70 71] A, B, C F 2011 CLC 88, 2005 YLR 1244 1998 CLC 382 ref. Cause of action-- ----“Cause of Action” means cause for which suit was brought, while action means those proceedings in which a legal demand of a right was made.                                             [P. 71] D Right to -- ----It should be necessary for plaintiff to prove in order to support his right to and which if not proved give defendant a right to and for this purpose only facts stated in plaint where to be constituted in order to determine whether plaintiff in a suit had a cause of action. [P. 71] E 2011 YLR 1473 ref. JUDGMENT The captioned appeal has been directed against the judgment/ decision passed by the learned District Judge Muzaffarabad dated 19.01.2016, whereby, the judgment and decree passed by the learned Senior Civil Judge Muzaffarabad dated 15.12.2015 was set-aside. 2. Precise facts necessary for disposal…

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