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: 25

(a) Civil Procedure Code (V of 1908)-------O. VII, R.11---Rejection of plaint---Principles---Held, for the purpose of rejection of plaint, the Court has to look into the averments contained in the plaint and its supporting documents and if from the contents of the plaint, it appears that the suit is to be barred by any law or the plaintiff has no cause of action to file the suit or the proper court fee has not been paid, in spite of direction from the Court, the Court can reject the plaint under O.VII, R.II, C.P.C. (b) Specific Relief Act (I of 1877)--- ----Ss. 12, 25 & 54---Civil Procedure Code (V of 1908), O. VII, R.II---Suit for specific performance of agreement, perpetual injunction and special damages---Rejection of plaint---Assertions of the plaintiffs in the plaint itself showed that at the time of execution of alleged sale agreement, the plaintiff himself was not sure that the suit property was clear and defendant was invested with all the lawful powers to convey the suit property to him---Plaintiff, himself having committed mistake by failing to make it clear as to whether the defendant was invested with the powers to convey the suit property to him or not, he himself was to be blamed and no one else---Defendant, in the present case, was not competent to execute agreement regarding shares of other defendants in the suit property nor he was invested with any power by other defendants to act on their behalf and dispose of their shares in the suit property--Suit in circumstances could not succeed---Application for rejection of plaint under O.VII, R.II, C.P.C. was allowed and plaint was rejected. Muhammad Sohrab Khan v. Mumtaz Begum PLD 2005 Kar. 280 fol. 1992 CLC 1036; 1994 MLD 874; 2005 CLC 671; 2004 CLC 1339; 2004 SCMR 826; PLD 1987 Kar. 676; 1987 MLD 669; 2000 YLR 2606; 2005 CLC 848; 1998 CLC 563; 1997 CLC 742; 2003 CLD 1185; 2003 YLR 943 and PLD 1993 Lah. 183 distinguished. (c) Specific Relief Act (I of 1877)--- ----S. 25---Agreement to sell---Seller must be in knowledge that he possesses good title to dispose of the property and unless the title of the property devolves on him or he has been invested with specific powers by the real owner to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492