Law:

Section:

 (i) Civil Procedure Code, 1908 (V of 1908)-- —-O. VII R. ll--PIaint-Rejection of--Prayer for-Refusal to reject plaint-¬Challenge to-District Judge dismissed application of petitioner as in his view, objection raised in application could not be raised without filing written statement-Held: Approach was erroneous as rejection of plaint could be sought on all or either of grounds described in Rule 11 of Order VII of C.P.C. at any stage of proceedings—Held further: Language used in Rule 11 does not specify a definite stage of proceedings for seeking rejection of plaint. [P.31JK (ii) Civil Procedure Code, 1908 (V of 1908)- —-O. VII R. ll--Plaint-Rejection of-Prayer for-Refusal to reject plaint- Challenge to~Objection is raised about jurisdiction of court-Contention that agreement in question related to advancement of loan and its recovery as postulated under Banking Companies (Recovery of Loans) Ordinance, 1979, a special law, and Special Court had jurisdiction to adjudicate claim—It is correct that an action for recovery of loan by a Banking Company against a borrower, or by a borrower against a Banking Company, was determinable by a Special Court, and jurisdiction of ordinary court was expressly barred, but no independent Special Court was created in AJK and District Judges were empowered to exercise powers of Special Court in this regard-Held: In case objection is sustained, even then suit is triable by District Judge in his capacity as Special Court. [Pp.3031]F,G,HJ (Hi) Civil Procedure Code, 1908 (V of 1908)- —-O. VII R. 11-Plaint-Rejection of-Prayer for-Refusal to reject plaint- Challenge to-Objection was that suit was barred by law-Defendant has failed to elaborate as to how suit was barred by law-Held: Statement of facts listed in plaint, prima facie, does not hit suit on ground of limitation,                                                           [P.30JE (iv) Civil Procedure Code, 1908 (V of 1908)-- —O. VII R. ll~Plaint~Rejection of—Prayer for—Refusal to reject plaint-¬ Challenge to-Other weak aspect of…

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