Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,91

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,91

Law: Contract Act, 1872

Section: 23

Law: Specific Relief Act, 1877

Section: 42,56

(a) Specific Relief Act (I of 1877)-------Ss. 42 & 56---Civil Procedure Code (V of 1908), S.91 & O. VII, R.11---Sindh Buildings Control Ordinance (V of 1979), S.6(2)---Karachi Building and Town Planning Regulations, 2002, Reglns.18-3.1.8 & 25-2.1---Public nuisance---Suit for declaration and permanent injunction---Essential conditions for seeking relief of declaration under S.42, Specific Relief Act, 1877, enumerated---Plaintiff contended that defendant unlawfully sub-divided and converted the suit property to unauthorized commercial use---Defendant contended that plaintiff had failed to disclose any cause of action, therefore, plaint was liable to be rejected---Validity---No easement right of plaintiff was infringed by construction on the suit property---Object of exercise of powers under O. VII, R.11, C.P. C. was to bring an end to the incompetent suit at the earliest to avoid wastage of time---Four conditions were essential for seeking relief of declaration under S.42 of Specific Relief Act, 1877 namely, that plaintiff must be entitled to a legal character at the time of suit; that plaintiff must be entitled to a right to property; that defendant must have denied or been interested in denying such legal character or right and that plaintiff should not be in position to ask for relief consequential upon declaration sought---Plaintiff, in the present case, had failed to obtain permission of Advocate-General which was a mandatory condition in the case of a `public nuisance' under S.91, C.P.C.---Court was not liable to entertain suit where prior permission of Advocate General in the case of public nuisance had not been obtained by plaintiff---Where no benefit accrued to the plaintiff or plaintiff had set up merely a abstract right to satisfy his ego or settle a personal score, suit could not be allowed to proceed---Plaintiff, in circumstances, failed to disclose any cause of action against the defendant---Plaint was rejected accordingly. 2007 SCMR 1157 and 2004 CLC 1029 ref. 2003 CLC 1156; PLD 1978 Lah. 113; 2003 CLC 799; PLD 1982 Kar. 940; 1989 MLD 1966 and 2005 CLC 856 rel. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Object of O. VII,…

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