Case Details

Citation(s)
1981 SLG 1457 1981 SLD 1457 1981 PLD 153
Lahore High Court
Civil Revision No. 799/1) of 1980, decided on 8th July, 1980. dates of hearing : 6th, 7th and 8th July, 1980
MUHAMMAD LLYAS, J
Ch. Mushtaq Hussain and Pervez Mahmood Khan for Petitioners. Farooq Zaman for
Respondent No. 1. Muhammad Saeed for
Respondent No. 2

MAHMUD AHMAD BUTT AND Anonymity

VS

LAHORE DEVELOPMENT AUTHORITY AND ANOTHER --Respondents

Law:

Section:

(a) Civil Procedure Code (V of 1988)- O. VII, r. 11(a)-Plaint-Rejection of-Word "it" appearing in clause (a) of r. l I-Refers to word "plaint" employed in opening of rule-Non-occurrence of word "plaint" in cl. (a)-Does not mean that Court can look into material other than contents of plaint for rejecting plaint for non-disclosure of cause of action.-[Interpretation of statutes-Plaint]. (b) Civil Procedure Code (V of 1908)- -- O. VII, r. 11-Plaint, rejection of-Averments in plaint only to be taken into consideration and not defence of opposite-party or any other material produced by that party.-[Plaint]. LINK1 LINK2 Gyarsdal Jagannathprasad Mor v. Pandit Sitacharan Dubey and others A I R 1963 Madh. Pra. 164 ; Pahloomal Motiram v. Abdul Quddus Behar! and 8 others P L D 1971 Kar. 250 and Seven Stars Goods Transport Co. (Regd.). Karachi v. The Administrator, Karachi Municipal Corporation, Karachi P L D 1976 Kar. 21 ref. Din Muhammad etc. v. Mehar Ali etc. P L D 1978 Kar. 267; Mst. Bilquees and others v. Bhana P L D 1980 Lab. 322 and Messrs Zor Engineering Ltd. v. State Bank of Pakistan P L D 1980 Lab. 534 rel. Brrmah Eastern Ltd. v. Burmah Eastern Employees' Union and others P L D 1967 Dacca 215 ; Shaftq Ahmed v. Mirza Muhammad Anwar Beg P L D 1968 Lab. 367; Pakistan through Secretary, Ministry of Refugees and Rehabili­tation and another v. Devachand Muljimal and others P L D 1967 Kar. 107 and Muhammad Nasarullah v. Muhammad Ayaz Khan and another P L D 1975 Lab. 886 distinguished. JUDGMENT This civil revision is directed against the rejection of a plaint by a Civil Judge whose order in this behalf was also upheld by an Addi­tional District Judge while dismissing an appeal of the petitioners, Mahmud Ahmad Butt and another. 2. The plaint related to a suit filed by the petitioners against the respon­dents, Lahore Development Authority and another, for grant of permanent injunction. It was alleged by the petitioners that they had purchased a building containing shops, etc., from one Haji Muhammad Nawaz. According to them Haji Muhammad Nawaz had constructed the said building by purchasing !he land underneath from certain persons to whom it had been transferred by the…
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