Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Specific Relief Act, 1877

Section: 9,21(a)

Law: Registration Act, 1908

Section: 17

(a) Civil Procedure Code (V of 1908)-------O. VII, R.11---Rejection of plaint---Scope---While deciding application under O.VII, R.11, C.P.C., the court was legally required to confine itself to the averments of the plaint and the same were to be taken as true---Court could take into consideration, even defence or documents, brought on record by defence side, but such exception was subject to the limitation that said defence or document should be irrefutable rather admitted---Issue before the court was brought through a cause/issue to be adjudicated by the court and it was the of the court; which determined the rights and liabilities---Rejection of plaint was meant to bury those suits in its inception, which, even, at the end of the day, would fail on account of some legal bar. S.M. Shafi Ahmad Zaidi through Legal Heirs v. Malik Hassan Ali Khan (Moin) through Legal Heirs 2002 SCMR 338 ref. (b) Registration Act (XVI of 1908)--- ----S. 17---Transfer of Property Act (IV of 1882), S.53-A---Specific Relief Act (I of 1877), S.9---Unregistered agreement to sell---Validity---Document of agreement to sell does not create any legal title but creates a right to obtain another document i.e. registered sale-deed---Agreement to sell by itself cannot confer any title on the vendee because the same is not a title deed---Agreement to sell does not require compulsory registration. Muhammad Yousuf v. Munawar Hussain and 5 others 2000 SCMR 204 rel. (c) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Specific Relief Act (I of 1877), S.21(a)---Rejection of plaint---Contract not specifically enforceable---Application for rejection of plaint was dismissed by Trial Court---Before insisting upon S.21(a) of the Specific Relief Act, 1877 defendant was to admit the document, which he did not---Defendant, in circumstances, could not claim rejection of plaint by blowing hot and cold in a single breath---Application of S.21(a) of the Specific Relief Act, 1877 could well be examined by the Trial Court at the end of the day. Ghulamullah Memon for Applicant. Date of hearing: 5th December, 2012. ORDER SALAHUDDIN PANHWAR, J--- The petitioner Muhammad Essa has assailed order dated 31st…

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