Case Details

Citation(s)
2004 SLG 1866 2004 SLD 1866 2004 CLC 997
Lahore High Court
Civil Revision No.321 of 2003, decision dated: 16-01-2003.
SYED ZAHID HUSSAIN, J

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MUHAMMAD KHAN-

VS

DISTRICT COORDINATION OFFICER, BHAKKAR and others

Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Civil Procedure Code (V of 1908), S.115 & O.VII R. 11---Suit for declaration and injunction---Rejection of plaint---Revision petition---Both Trial Court and Appellate Court accepting application of defendant filed under O. VII, R.11, C.P.C., rejected plaint and dismissed suit---Plaintiff in his plaint had specifically asserted that premises in dispute had been allotted to him and that allotment made in favour of private defendant was illegal as it was made during subsistence of allotment in favour. of plaintiff---No written statement had been filed by any of the defendants and assertion of plaintiff had yet to be admitted or. controverted by official defendants and official defendants had not filed application for rejection of plaint under O.VII, RAI, C.P.C.---Plaintiff in his plaint had claimed that premises in dispute was allotted-to him--­Validity---Unless such claim of plaintiff was controverted by official defendants, no reliance on any other material .could be placed by the "Court and at that stage neither suit could be dismissed nor plaint could be rejected---Order of Trial Court and of Appellate Court, were not sustainable in law---High Court in exercise of its revisional jurisdiction, set aside concurrent s of Courts below with direction that Trial Court would proceed with suit in accordance with law. Jewan and 7 others v. Federation of Pakistan through Secretary, Revenue, Islamabad and 2 others 1994 SCMR 826 ref. Saif-ul-Haq Ziay for Petitioner. Allah Wasaya Malik for Respondent No.3. Fawad Malik, A.A.-G. for other Respondents. ORDER A declaratory suit with consequential relief of injunction was filed by the petitioner that he was allottee of Quarter No.5/48-Q Type Mandi Town Bhakkar, in which an application under Order VII, rule 11, C.P.C. for rejection of the plaint was made by respondent No.3. While disposing of the said application, the learned trial Judge proceeded to dismiss the suit on 19-12-2002. Appeal preferred there against by the petitioner has been dismissed by the learned Additional District. Judge-1, Bhakkar on 28-2-2003. This is revision petition thereagainst. 2. At the motion…
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