Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,10

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,10

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)-------O. VII, R. 11---Specific Relief Act (I of 1877), Ss. 8 & 42---Suit for declaration and possession---Rejection of plaint, application for---Plea not raised in plaint, but raised in reply to such application that defendant was benami owner of suit property---Such plea was an afterthought in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Purpose stated. Purpose of rejection of plaint is that stillborn suit ought to be buried at its very inception and no time be consumed on fruitless litigation and that plaintiff would have a chance to retrace his steps at the earliest possible time. The plaint can be rejected in four cases i.e. where it does not disclose a cause of action; where relief claimed has been undervalued; where court- fee of full value has not been paid; and where suit appears on face of plaint to be barred by any law. Mst. Hajiani Khatija Bai and 8 others v. Haji Dawood and 11 others 2003 MLD 828 ref. Habibullah Jatoi for Plaintiff. Abdur Rehman for Defendants. ORDER C.M.A. No.2289 of 2007 SYED HASSAN AZHAR RIZVI, J.--- By this application, under Order VII, Rule 11, C.P.C., the defendant No.2 has prayed for the rejection of the plaint on the ground that the suit discloses no cause of action in respect of Property bearing Nos.A-3 and R-4 on Plot No.ST-4, Munawar Centre, Block-14, Nasirabad, F.B. Area, Karachi. Plaintiff has filed counter-affidavit to the present application and stated that the application has been filed by the defendant with mala fide intention, ulterior motive and the defendant has no locus standi to file the said application and the same is filed only to harass the plaintiff and waste the precious time of this Court. It is further stated that defendant No.2 is benami owner and was never in possession and leases was removed from MCB Bank unauthorizedly by the husband of the defendant and thereafter the defendant No.2, through her husband and sons trespassed the premises and started business therein. I have heard the learned counsel for the plaintiff, learned counsel for defendant No.2 and perused the material available on record. The…

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