Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.VII, R. 11---Rejection of plaint---First Appellate Court while hearing appeal against grant of interim order, not only set aside interim order but rejected plaint also, without hearing parties as to maintainability of suit--­Validity---Specific plea on basis of which plaint was rejected would not render plaint liable to be rejected for such plea being a question of fact could only be disposed of after issues had been framed and after assessing evidence and not otherwise---Appellate Court had not even quoted law which barred plaintiff's suit---Error committed by First Appellate Court was error of law apparent on the face of record---First Appellate Court, had, thus travelled in the world of fantasy which was unbecoming of Judicial Officer to base his findings on grounds not urged by parties---Judicial Officers were expected to decide cases in accordance with law---Case decided by First Appellate Court was in negation of jurisdiction conferred on Appellate Court and contrary to the principles of administration of justice---Case was remanded for decision in accordance with law. Mst. Fatima Khatoon v. Ashique Ali PLD 1988 Kar. 433 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 2(1)(c)---Question of fact---Whether particular person was in possession as an owner or as Hari was question of fact which could only be resolved after parties were called upon to lead evidence. (c) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Rejection of plaint---Administration of justice---Courts were expected to decide matters according to law and pleadings and after hearing parties on all points---Judicial Officers while hearing appeal against interim order, were not expected to reject plaint and that too, without hearing arguments on that ground---Decision so rendered was in negation of jurisdiction conferred on Appellate Court, and contrary to principles of administration of justice. (d) Civil Procedure Code (V of 1908)--- ----O.VII, R.11--Interim order---Appeal against---Rejection of plaint during hearing of appeal---Validity---Held, Courts while hearing appeal against interim orders are not expected to reject plaint and that…

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