Law: Civil Procedure Code (V of 1908)

Section: 11,9,2

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11, S. 9, O. XIV, R. 2---Courts to try all civil suits unless barred---Rejection of plaint---Issues of law and of fact---Dismissal of suit (on maintainability) after recording evidence---Scope---Respondent instituted a suit for declaration, mandatory and permanent injunction with the averments that the house allotted in his name by the Chairman House Allotment Committee, however, Civil Estate Officer allotted the subject house to the petitioner, without due course of law---Trial Court, after framing of issues and examining witnesses, dismissed the suit by holding that the respondent had failed to exhaust the remedy before proper forum---Respondent preferred an appeal, which was allowed and the case was remanded to the Trial Court for decision on merits---Validity---Trial Court after considering that controversy was required to be decided by recording of evidence had proceeded to record evidence, then at the mid of evidence, the provisions of O. VII, R. 11 or O. XIV, R. 2 of C.P.C. could not be pressed into service to non-suit a party---Trial Court in two of its earlier orders had held that the suit was competent and the issues required recording of evidence, however, later on, it was contrarily held that suit was not competent---Appellate Court had rightly set aside the order passed by Trial Court---Revision petition was dismissed. Ali Akbar Zehri v. Syed Gul Shah 2012 CLC 190 ref. Dr. Raees M. Mushtaque v. Province of Sindh through Secretary Food 2018 MLD 918 rel. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11, O. XIV, R. 2, S. 9---Courts to try all civil suits unless barred---Rejection of plaint---Issues of law and of fact---Dismissal of suit (on maintainability) after recording evidence---Scope---Where evidence commences, then resort to the provisions of O. VII, R. 11, O. XIV, R. 2 of C.P.C. is not a proper mode for the decision of the suit. Mst. Karim Bibi and others v. Zubair and others 1993 SCMR 2039 ref. (c) Civil Procedure Code (V of 1908)--- ----O. XIV, R. 2---Issues of law and of fact---Scope---Question of fact or a mixed question of law and fact, cannot be effectively decided without…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492