Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.VII, R. .11---Rejection of plaint---Plaint can be rejected only if barred under some law on basis of averments made in plaint---If plaint discloses cause of action on face of allegations made in plaint that cannot be rejected. JUDGMENT This Revision Application is directed against the judgment dated 13-5-1990, passed by the IInd Additional District and Sessions Judge (West) Karachi, whereby the order of the learned trial Court rejecting the plaint has been set aside. The facts leading to the filing of the above revision are that the respondent No.2 filed a suit against the petitioner acid respondent No.1 for permanent injunction. The case of the respondent as set out in the plaint was that he is son-in-law of respondent No.1 and brother-in-law of respondent No.2 and resides in the aforementioned address with the respondent No.1. It is the case of the respondent No.2 that on 24-4-1984 he purchased plot bearing No.B/266, Muhammad Pur, Qasba Colony, Karachi from respondent No.1 by way of sale agreement. It is the further case of the respondent No.2 that since the house mentioned above was in an unauthorised area and the same was Kachi Abadi and was covered under MLO No.110 and Registration of the said property was not possible. However, at the time of execution of the sale agreement the respondent No.1 handed over peaceful possession of the suit property after receiving the sale consideration of Rs.72,000. It is his further case that since 24-5-1984 he is enjoying the peaceful possession of the property in suit and as such respondent No.1 has allowed the respondent No.2 to reside with him. In these circumstances he filed the suit for permanent injunction. Alongwith the suit an application under Order XXXIX, Rule 1 C.P.C. was filed praying that he may not be dispossessed from the suit property. The petitioner contested the application. The learned Civil Judge after taking into consideration the arguments advanced by the learned counsel for the parties dismissed the application as well as rejected the suit vide his order dated 29-1-1990. The respondent No.2 being aggrieved, went in appeal. The learned IInd Additional…

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