Law:

Section:

Civil Procedure Code (V of 1908)-------O.VII, Rr. 11, 13 & S. 100---Rejection of plaint---Validity---Plaint in suit indicated that main defendants against whom plaintiff could claim relief were cited as pro forma defendants and no relief whatsoever was claimed against them---Plaintiff disclosed no cause of action against rest of the defendants--­Plaintiff's suit was legally and rightly liable to dismissal---Plaintiffs, however, could locate real defendants against whom they could get relief and then file fresh suit in terms of O.VII, R. 13, C.P.C.---Plaint in suit having been rejected, plaintiffs were not entitled to any relief in the nature of interlocutory order---Order of Trial Court rejecting plaint in suit was maintained while that of Appellate Court restoring plaint was set aside in circumstances. JUDGMENT This second appeal arises in the following circumstances: 1. During the regime of the then Prime Minister of Pakistan Mr. Muhammad Khan Junejo, a Five Points Programme was introduced by the Federal Government; the Member of NA Council was directly financed by the Government, who in turn was arranging the work through the Project Committee, having a project leader. The plaintiffs Abdul Subhan and others, completed 90% of the work of the Basic Health Unit Dirla, through their Project Leader Muhammad Bashir, respondent No.5 herein, and they were partially paid for the work already completed by them. The payment was made to the plaintiffs by defendant No.3 Haji Muhammad Jan and Sahib Khan, Advocate defendant No.4, who succeeded defendant No.3 as member of the Northern Area Council. The plaintiffs were members of the Project Committee, which acquired the land and constructed the building by completing almost 90% of the work, for which they were partially paid by defendants Nos.3 and 4, Haji Muhammad Jan and Sahib Khan. In the meantime, defendant No.4 completed his tenure of membership. The members were, however, not paid their actual amount which they had spent on the work done, which according to them estimated about 12,00,000 rupees. 2. - The Director Health Services then sent the said scheme for execution to NAPWD who called tenders for the remaining…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492