Law: Civil Procedure Code (V of 1908)

Section: 11 , 2

  Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 & O.XIV, R.2---Rejection of plaint---Appellate Court remanding case fon decision afresh on merits---Validity---Trial Court had already framed issues while plaint was rejected almost more than 3 years thereafter-- Course adopted by Trial Court was not proper for the simple reason that if suit was not legally competent then issues of law should have been treated as preliminary. issues and decided as permissible under O.XIV, R.2, C.P.C.---Such legal course was not adopted for defendants had not taken objections in written statement which were pleaded by them in application under O, VII, RAI, C.P.C.---Grounds taken in application for rejection of plaint being not part of pleadings, could not be looked into---Order of rejection of plaint, was, thus, not maintainable in circumstances. Muhammad Ramzan v. Lal Khan 1995 SCMR 1510; Gh4lam Hamdani v. Muhammad lqbal and 9 others 1993 SCMR 1083; Haji Rana Muhammad Shabbir Ahmad Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1; Capt. Dr. Abdul Wahab and others v. The Province of Punjab and others 1986 MLD 2049; Fazal Rahim v. M/s. Al-Wajid Town 1994 MLD 126; Burmah Eastern Ltd. v. Burmah Eastern Employees' Union PLD 1967 Dacca 190; Malik Ghulam Nabi and ethers v. Member-III, Board of Revenue and 5 others PLD 1990 SC 1043; Abdul Waris v. Muhammad Yousaf PLD 1997 SC 366; Federation of Pakistan and another v. N.-W.F.P. Government and others PLD 1990 SC 1172; Muhammad Aslam and others v. Muhammad Shafi 1995 MLD 441; Manzoor Elahi and others v. Ghulam Hussain 1994 CLC 2268 and Syed Mohiuddin v. Member-III, Board of Revenue, Balochistan and others 1991 SCMR 1194 ref. Precedent--- ---- Decisions of Appellate Courts of the District were not precedents for Trial Courts.   Punjab Pre-emption Act (I of 1913)--- ----S. 15---Punjab Pre-emption Ordinance (V of 1990), S. 13---Suit for pre emption ---Objection of defendant regarding non-making of Talbs---Validity-- Suit for pre-emption filed after Punjab Pre-emption Act, 1913 had come to an ,end and Punjab Pre-emption Ordinance, 1990, had not come into force--Maintainability---Punjab Pre-emption Act, 1913…