Law: Civil Procedure Code (V of 1908)

Section: 11 , 115

Civil Procedure Code (V of 1908)--- ----O.VII, R.11 & S.115---Rejection of plaint---Essentials---Plaint must be shown to be barred under some law on the basis of averments made therein in order to reject it---Every averment made in plaint has to be accepted as correct while rejecting such plaint---Fact that plaintiff might not ultimately succeed in establishing averments in plaint could not be a ground for rejecting plaint-- Defendant having filed written statement, pleas raised by him in the nature of defence in suit could not be looked into while considering application for rejection of plaint---Pleas raised by defendant in written statement, however, could be looked into in the course of trial but such pleas could not be taken into consideration for rejection of plaint---Impugned order of rejection of plaint, thus suffered from material irregularity and was in excess of jurisdiction---Case was remanded for fresh adjudication on merits. Mumtaz Ahmed Sheikh for Appellant. Nazar Hussain Dhoon for Respondent. Date of hearing: 27th March, 1990 JUDGMENT This Civil Revision Petition is directed against the order dated 28-11-1989 passed by the IInd Additional District Judge, Karachi, South, whereby dismissing the appeal filed by the petitioner and affirming the order dated 23-2-1988 passed by the Vth Sr. Civil Judge (South), Karachi. The facts leading to the filing of the above revision petition are that the petitioner filed a suit bearing No.925 of 1982 for declaration and injunction against the respondent. The case of the petitioner as set out in the plaint was that on 16-9-1976 Plot No.8/B, 23rd Street, Phase V, admeasuring 2,000 sq. yards situated in Defence Housing Authority was allotted to Cap. Javed Rehmatullah. It is the case of the petitioner that she purchased the plot in dispute from the said allottee Javed Rehmatullah and on   1-8-1978 transfer affidavit alongwith an undertaking and letter of mutation of the petitioner's name was signed by the said allottee to her. It is the further case that the applications for transfer and mutation of the plot in dispute were submitted to the respondent for effecting necessary mutation. The respondent…