Law: Civil Procedure Code (V of 1908)

Section: VII,R.11,XXXII,R.15

Law: Constitution of Pakistan, 1973

Section: 199

Law: Specific Relief Act, 1877

Section: 42,54

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 & O. XXXII, R. 15---Specific Relief Act (I of 1877), Ss.42 & 54---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for declaration and permanent injunction--Rejection of plaint---Application filed by defendants under O. VII, R.11, C.P.C. for rejection of plaint had concurrently been rejected by two courts below, defendant had challenged same in a constitutional petition---When defendant was alive plaintiff had no cause of action to file the suit against defendant---Plaintiff did not disclose the cause against defendant---If, as alleged by the plaintiff, that defendant was lunatic, then in accordance with the Mental Health Ordinance, 2001 and in accordance with the procedure laid down in O.XXXII, R.15, C.P.C., defendant could not be directly impleaded as defendant, or the suit could not be directly filed against her without impleading her through the guardian ad litem; in that way the plaint was barred by law---Both courts below, in circumstances, had ignored the legal position and while dismissing the application filed under O. VII, R.11, C.P.C., Trial Court failed to exercise jurisdiction vested in it by law and even failed to see the basic provisions of O. VII, R.11, C.P.C.---Re visional court, had also failed to exercise the jurisdiction vested in it by law---Orders passed by both the courts below were declared to be without lawful authority---Application moved under O. VII, R. 11, C.P.C., was accepted and plaint filed by the plaintiff was rejected. ORDER AMIN-UD-DIN KHAN, J.---In this constitutional petition, the petitioner has challenged the order dated 2-12-2010 passed by Civil Judge, Class-III, Ahmedpur East and order dated 15-4-2011 passed by learned Additional District Judge, Ahmedpur East. 2. The brief facts of the case are that respondent Muhammad Ashraf filed a suit for declaration and permanent injunction against the present petitioners and respondents Nos.2 to 7 in the court of Civil Judge, Ahmedpur East. In the suit the plaintiff has challenged the transfer of land mentioned in the head note of plaint by Mst. Choto in favour of Razzaq Muhammad through Mutation of…

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