Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 107(2) & O.VII, R.11 --- Rejection of plaint --- Powers of Appellate Court--­Powers of Appellate Court being co-extensive with that of Trial Court in terms of S.107(2), C.P.C. on filing appeal before Appellate Court against temporary injunction granted by Trial Court, plaint in suit itself, could be rejected by Appellate Court if same was on its own file --- Suit which otherwise was barred by limitation and hit by rule of constructive res judicata plaint was rightly rejected by Appellate Court. Shahdev v. Lehri Khan and 2 others P L D 1983 Lah. 46 and Vithoba Yadeo v. Suryablian and another A I R 1924 Nag. 80 rel. (b) Civil Procedure Code (V of 1908)--- ---- S. 107(2) & O.VII, R.11 --- Rejection of plaint --- Powers of Appellate Court--- Copies, of of Trial Court and Appellate Court below, rendered in earlier suit between same parties were available on record --- Appellate Court below could legitimately look into such copies of s for finding out whether plaint in subsequent suit between same parties disclosed a triable cause of action and from averments made in it same was not barred by any law--­Instances given in O.VII, R.11, C.P.C. for ordering rejection of plaint were not exhaustive of cases in which plaint could be rejected. (c) Civil Procedure Code (V of 1908) --- ---- O.VII, R-11 --- Rejection of plaint --- Scope of R 11, O.VII, C.P.C.---Instances given in R. 11, O.VII, C.P.C. for ordering rejection of plaint are not exhaustive of the cases in which plaint may be rejected. JUDGMENT This is first appeal from a decision 'of learned District Judge, Sargodha passed on 20-3-1985 in appeal directed against an interlocutory order of the learned trial Court dated 10-1-1985 by which temporary injunction was discharged and vacated and plaint in the suit for rendition of accounts rejected on the grounds of the suit being not maintainable and also barred by limitation. Facts for the purposes of this appeal in brief are:- On 18-8-1970, Board of Intermediate and Secondary Education, Sargodha (for short, Board) invited tenders for the work of printing, preparation and bundling of eight lacs of blank answer books of…

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