Law:

Section:

Civil Procedure Code (V of 1908)-----O. VII, R.11, Ss.100 & 115---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.42 & 44---Rejection of plaint---Rejection of plaint was declined on the ground that dispute was of factual nature which could not be resolved without recording evidence---Said order was challenged through a revision petition, which was accepted by District Judge and suit was rejected under O.VII, R.11, C.P.C. which order was challenged through a writ petition, which was accepted and of District Judge was vacated, restoring order passed by the Trial Court with direction to Trial Court to proceed with the matter in accordance with law---Validity---Writ petition was not maintainable as adequate alternate remedy of appeal was available to the respondents---High Court was not justified in holding that no appeal was competent against order made by District Judge under S.115, C.P.C.---Appeal under C.P.C. being adequate remedy provided by law, petition under S.44 of Azad Jammu and Kashmir Interim Constitution Act, 1974 was not entertainable---Multifarious proceedings in relation to same matter under different laws, would multiply conflicts and ensure multiplicity of litigation, which was not the essence of law---Restraint was to be exercised by the Court while exercising jurisdiction under S.44 of Azad Jammu and Kashmir Interim Constitution Act, 1974, especially when alternate remedy was available under normal procedure, which was cheap, efficacious and quick as well---Findings recorded by High Court in exercise of its writ jurisdiction were set aside, leaving order of District Judge in the field. Raja Muhammad Hanif Khan, Advocate for Appellants. Sardar Rafique Mehmood Khan and Kh. Muhammad Aslam Habeeb, Advocates for Respondents. Date of hearing: 1st March, 2006. ORDER SYED MANZOOR HUSSAIN GILANI, J.--- This appeal with leave of the Court is filed against the decision of a learned single Judge High Court, dated 30-5-2005 passed in Writ Petition No.122 of 2005, at Muzaffarabad. 2. The detail of the facts which gave rise to the filing of the present appeal is not required as the appeal is to be decided on a very short legal point.…

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