Law:

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Civil Procedure Code (V of 1908)--- ----S. 115 & O.VII, R. 11---Rejection of plaint ---Revisional jurisdiction--­Exercise of---Petition for rejection of plaint on ground that plaint was not properly valued and that suit against petitioner/defendant was not maintainable was dismissed by Trial Court and appeal against dismissal order was pending before Appellate Court below---Pending appeal before Appellate Court below, petitioner filed revision before High Court contending that High Court could suo motu take into consideration merits of case and reject plaint if so warranted under O. VII, R. 11, C.P.C.---Pleas raised in revision having already been taken into consideration and declined by Trial Court having jurisdiction and matter being sub judice in appeal before Appellate Court below, passing any order in revision by High Court, would amount to pre­empting pending appeal---Petitioner could raise same points before Appellate Court below where his appeal was pending and Court could exercise same powers as that of Trial Court and could suo motu direct rejection of plaint in case it fell within purview of O. VII, R. 11, C.P.C.---Revision was dismissed. Mst. Kulsoom (Fatima) v. Wazir Ali .and 13 others 1991 MLD' 1810 ref. ORDER This revision application is directed against the orders passed by the VI Senior Civil Judge, Karachi in Suit No. 1240 of 1992 whereby he rejected the applications moved by the present petitioner under Order VII, rule 11, C.P.C. In the said applications the main grounds taken by the present petitioner are that the said suit was not valued properly as the suit falls under section 7(iv)(d) of the Court Fees Act and ad valorem court-fee should have been paid. The second ground taken was that the present petitioner is not the owner of the disputed premises nor he is raising the construction thereon and, therefore, the suit against him is not maintainable. The order of the trial Court shows that these two points have been taken into consideration in an order passed earlier on 28-10-1992. Mr. Latif Shakoor, the learned counsel for the petitioner states that this order has been challenged in appeal and that appeal is still pending. He has…

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