Law:

Section:

Civil Procedure Code (V of 1908)-------O.XXXIX, Rr.l, 2, O.VII, R.11 & S.96---Rejection of plaint by First Appellate Court---Validity---Plaint was rejected by First Appellate Court while hearing appeal against grant of temporary injunction by Trial Court---Plaintiff in his suit had challenged cancellation of agreement of sale by defendants---First Appellate Court acted illegally in treating agreement between parties to be non­existent on basis of its impugned order though legality of such agreement was yet to be established by Trial Court and plaint had been rejected without giving any opportunity to plaintiff to prove his stand point thereon---Judgment of First Appellate Court was based on surmises and conjectures and it had illegally found that agreement between parties was not valid agreement---Judgment in question, showed that instead of discussing plaint, First Appellate Court discussed defence pleas in rejecting plaint which was not warranted in laws ---Averments in plaint disclosed sufficient cause of action to proceed further with suit---Lack of proof or weakness of proof did not furnish any justification for coming to conclusion that there was no cause of action shown in plaint---Judgment and decree of First Appellate Court was liable t9 be set aside, inter alia on ground that subject­matter of appeal before it was only grant or refusal of temporary injunction--­Scope of appeal was either its rejection or acceptance thereof, but Court had no jurisdiction to reject plaint itself---Order of rejection of plaint rendered by First Appellate Court was set aside and case was remanded to it for decision afresh in accordance with law. Muhammad Saeed v. Mst. Nahid Shagufta and 3 others PLD 1990 Lah. 467; Muhammad Saleh v. Province of Sindh and others 1990 CLC 1543; Ghulam Ali v. Asmat Ullah and another 1990 SCMR 1630; Gaman and others v. Province of Punjab etc. 1989 MLD 4605; Shahdev v. Lehri Khan and 2 others PLD 1983 Lah. 46 and Qazi Muhammad Tariq v. Hasin- Jehan and 3 others 1993 SCMR 1949 rel. Muhammad Saleh v. Province of Sindh and others 1990 CLC 1543; Muhammad Saeed v. Mst. Nahid Shagufta and 3 others PLD 1990 Lah. 467; Dost Muhammad and others v.…

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