Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), S.96 & O.VII, R.11 Suit for declaration---Rejection of plaint---Plaintiff filed suit seeking declaration that she was leasehold rights holder apart from other prayers---On filing application under O.VII, R.11, C.P.C. for rejection of plaint, Trial Court rejected plaint---Contention of the plaintiff was that sale in her favour having already been completed, declaration on the basis of said sale could be sought by her---Defendants on the other hand had contended that impugned transaction allegedly having taken place between the plaintiff and her mother was that of an agreement; and on basis of an agreement declaration under S.42 of the Specific Relief Act, 1877 could not be granted---Validity---It could not be so lightly presumed in view of wordings of sale document that said document was merely an agreement and that the element of sale had not yet completed---Case did not attract provisions of O.VII, R.11, C.P.C.---Impugned order was set aside and case was remanded to the Trial Court for its disposal in accordance with law. Peer Muhammad Asif Rafi Shah for Appellant. Mian Anwar Mubeen Ansari for Respondent No.1. Syed Muhammad Ali Gillani for Respondent No.3. ORDER Brief facts of the case are that appellant filed a suit seeking declaration that she is leasehold rights holder apart from other prayers. Respondents Nos.1 and 2 filed an application before the learned trial Court under Order VII, Rule 11, C.P.C. for rejection of plaint which was contested by the appellant. Learned trial Court vide judgment dated 25-2-2003 rejected the plaint, same is being assailed through instant appeal. 2. It is contended by learned counsel for the appellant that sale in favour of the appellant had already completed on 21-6-1999, therefore, a declaration on the basis of said sale could be sought by the appellant. Transaction of the said date cannot be said to be an agreement without recording evidence and examination of the said document. 3. On the other hand, learned counsel for respondents Nos.1, 2 and 3…

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