Law:

Section:

(a) Civil Procedure Code (V of 1908)---O.VII, RAI ---Rejection of plaint---Material available on record--­Intrinsic value of---Scope---Besides averments made in the plaint, other material available on record which on its own strength was legally sufficient to completely refute the claim of the plaintiff, could also be looked into for the purpose of rejection of the plaint---Not necessary that other material would be taken as conclusive proof of the facts stated therein but it actually moderated that other material on its own intrinsic value to be considered alongwith the averments made in the plaint. (b) Specific Relief Act (I of 1877)--- ----S.9---Civil Procedure Code (V of 1908), O.VII,-R.11 --- Constitution of Pakistan (1973), Art. 185(3)---Suit for possession of immovable property--­Rejection of plaint---Title of plaintiff was not clear---Government gave the suit land to cooperative society and the latter surrendered the same back to the former---Predecessor-in-interest of the petitioners had no independent right and if he had any right, that was through the Society, and the title ceased to exist before it became perfect and enforceable in law---Plaint was rejected by Single Judge of High Court on the ground that the title of the plaintiff was not clear and the order was maintained by Division Bench of High Court---Validity---Suit for possession could not be filed unless the plaintiff had a clear title---Requirement of law was that incompetent suit should be buried at its inception---Such practice was in the interest of litigating parties and judicial institutions itself---Rejection of plaint would save the time and expenses of the parties and the Courts could get more time to devote if for the genuine causes---Findings of Single Judge and of Division Bench were based upon material available on record and no legal infirmity had been pointed out---Plaint was rightly rejected by both the Courts---Leave to appeal was refused. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J.---The petitioners, herein have impugned the order, dated 12-12-2000 of a learned Division Bench, High Court of Sindh, Karachi, passed in H.C.A. No.238 of 1999, whereby the order, dated 6-7-1999 passed…

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