Law:

Section:

Cooperative Societies Act (VII of 1925)-------S. 70-A---Sindh Buildings Control Authority Ordinance (V of 1979), S.20-A---Civil Procedure Code (V of 1908), O.VII, R.11 ---Plaint, rejection of---Bar to jurisdiction of Civil Courts under S.70-A, C. P. C.--­Scope---Dispute in the plaint related to creation of new plots, registration of sub-lease without permission of the lessor and approval of building plan of the sub-lessee by the Authorities---Parties to suit did not fall within the purview of provisions of Cooperative Societies Act, 1925--- Term of lease spelled out in the original deed called for consideration in view of the building bye-laws---Building Control Authority as well as Development Authority were parties to the proceedings---Defendant filed application under O. VII, R.11, C.P.C. for rejection of the plaint in view of the bar contained in S.70-A, C.P.C.---Validity---Matters were only to be decided after some evidence was adduced by the parties and the case was examined in the light of proper evidence---Power to reject the plaint under the provisions of O. VII, R. 11, C.P.C. is a penal provision which is to be considered strictly after considering the statements made in the plaint in the light of law applicable---As such the provision of .O.VIL R.11, C.P.C. cannot be resorted to unless conditions for exercise for such drastic power are fully satisfied---High Court declined to reject the plaint in circumstances. Muhammad Akhtar and others v. Abdul Hadi and others 1981 SCMR 878; Metro Cooperative Housing Society Limited v. Bonanza Garments Industries (Pvt.) Limited and 3 others 1996 MLD 593; N.E.D. University of Engineering and Technology v. Tari Ali and 2 others PLD 1993 Kar. 626 and Civil Aviation Authority, Karachi v. Data International (Data Baggage House), Karachi and 2 others PLD 1993 Kar. 700 distinguished. Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289 rel. H.A. Rehmani for Plaintiff. Muhammad Sharif for Defendant No. 1. Date of hearing: 4th February, 2002. ORDER Defendant No. 1 has moved this application under Order VII, rule 11 C.P.C. seeking rejection of the plaint filed by the plaintiff in the above suit. Facts…

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