Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R. II---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine whether plaint in plaintiff's suit could be rejected under O.VII, R.II, Civil Procedure Code 1908, for non-disclosure of cause of action. (b) Civil Procedure Code (V of 1908)--- ---O.VII, R.II--Constitution of Pakistan (1973), Art.185---Rejection of plaint-­Essentials--Assertions made in the plaint, had to be seen for purpose of determining whether plaint disclosed any cause of action--Averments in plaint disclosed sufficient cause of action to proceed further with the suit--Lack of proof or weakness of pr9of in circumstances of case did not furnish any justification for coming to conclusion that there was no cause of action shown in plaint--Supreme Court not agreeing with reasoning of High Court for rejection of plaint, set aside order of rejection of plaint and restored order of remand passed by First Appellate Court. JUDGMENT MUHAMMAD AFZAL ZULLAH, C.J.---This appeal, in a civil suit, through leave of the Court is directed; against the acceptance by the High Court, of respondents' First Appeal against an order of remand passed by a learned District Judge. The respondents' plaint was rejected under Order VII, Rule II, C.P.C. on the ground that it did not disclose any cause of action. The appellant/plaintiff's appeal was allowed and the case was remanded to the trial Court for further proceedings. However, this order of remand was challenged by the respondent/defendants in the High Court through an appeal which was allowed. The order of remand was set aside and the order of rejection of the appellant's plaint was restored. Leave to appeal was granted to examine the question "whether the appellant's plaint could be rejected under Order VII, Rule II, C.P.C., for non-disclosure of cause of action". We have gone through the plaint. Paragraphs 4 and 6 thereof read as follows:- The argument advanced from the respondents' side which prevailed with the High Court was that…

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