Law: Civil Procedure Code (V of 1908)

Section: VII,11,96,115

Law: Specific Relief Act (I of 1877)

Section: 42

Law: Limitation Act, 1908

Section: IX,120

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil Procedure Code (V of 1908)-------O. VII, R. 11---Rejection of plaint---Principles---Averments in the plaint must be read as a whole to determine whether it discloses a cause of action or whether the suit is barred under any law---This includes a bar created due to the lapse of the limitation period---At the stage of exercise of power under Order VII, Rule 11, C.P.C., if the averments in the plaint ex-facie do not disclose a cause of action or on a reading thereof, the suit appears to be barred under any law; the plaint can be rejected.(b) Specific Relief Act (I of 1877)-------S. 42---Limitation Act (IX of 1908), First Sched., Art. 120---Suit for declaration---Limitation period, commencement of---There can be no "right to sue" until there is an accrual of the right asserted in the suit and its infringement or threat to infringe that right---It implies that the date of accrual of the cause of action, and not the cause of action itself, would be terminus a quo for computing limitation time for a suit for declaration under Article 120 of the Limitation Act, 1908.(c) Civil Procedure Code (V of 1908)-------Ss. 96, 115 & O.VII, R. 11---Constitution of Pakistan, Art. 199---District Court exercising revisional jurisdiction to issue an order to reject a plaint under Order VII, Rule 11, C.P.C.---Remedy available to the aggrieved party---Constitutional petition before the High Court---Second revision of an order rejecting a plaint under Order VII, Rule 11, C.P.C., by the District Court cannot be pursued by invoking Section 115, C.P.C. before the High Court---Furthermore, although a revisional court's order rejecting a plaint is classified as a decree, it cannot be appealed (before the High Court) under Section 96, C.P.C.---Moreover, a second appeal against such a decree is also not permissible, because this type of appeal can only be made concerning decrees issued by Courts operating in their appellate jurisdiction---Therefore, in such instances where parties feel aggrieved by the revisional order, they may pursue a writ petition under Article 199 of the Constitution---This writ petition must go beyond merely alleging illegality---It must establish that the…

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