Order 7 rule 11 ,,,,, rejection of plaint
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- Опубліковано 19 вер 2024
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1. PLD 1990 Lahore 467
2. 2015 YLR 1845
3. 2011 YLR 1888
4. 2017 SCMR 347
5. 2014 SCMR 513
6. 2016 CLC 663
7. PLD 2018 Peshawar 173
#Order7 #Rule11 #Rejection #PlaintQuestion as whether plaintiff would be able to
prove facts made in the plaint was irrelevant for deciding an application for rejection of the same where cause of action was disclosed.
Parties at the variance on question of fact could not be resolved without recording of their evidence. Plaintiff could not be rejected in such circumstances without affording opportunity to the parties to adduce the evidence and hearing after framing issues.
2014 MLD 1607DECISION UNDER ORDER 7 RULE 11 CPC IS APPEALABLE AND EXECUTABLE:
♦️Decision of the court under Order VII, Rule 11, C.P.C, can be appealed and executable as a decree.
📌 Defendant filed petition seeking the execution of the decree whereby the Trial Court had rejected plaint under O.VII, R.11, C. P. C.
👍Decree passed in pursuance of a judgment under O. VII, R.11, C.P.C. would be a `decree' not only appealable, but also executable.
In cases where rights were determined by a court and which culminated in rejection of plaint, same attained "finality and enforceability"---Decision of the court under O. VII, R.11, C.P.C. could be appealed against and enforced as decree.
2010 Y L R 2469
[Peshawar]
Before Yahya Afridi, J
NOOR RAHMAN--Petitioner
Versus
MUHAMMAD AZEEM BACHA--- Respondent
Civil Revision No. 763 of 2009, decided on 31st May, 2010.
(a) Civil Procedure Code (V of 1908)---
S. 115--Limitation Act (IX of 1908), Ss. 5 & 29(2)---Revision petition---Limitation--- Condonation of delay---Contention of respondent was that revision petition was time-barred and S.115, C.P.C. did not provide for any application for condonation of delay under S.5 of Limitation Act, 1908; on the other hand petitioner had pleaded that even if the petition was time-barred, High Court could exercise its suo motu powers under S.115, C.P.C. to correct the jurisdictional error committed by the Appellate Court---Validity---Period of limitation having been prescribed under S.115, C.P.C., had rendered the same as a "special law" in view of the provisions of S.29(2) of Limitation Act, 1908---Provisions of S.5 of Limitation Act, 1908 for condonation of delay were not applicable to revision petitions.
High Court need not invoke its suo motu revisional powers to condone the delay in filing petition.
Alladino v. Muhammad Shah 2001 SCMR 286 rel.
(b) Civil Procedure Code (V of 1908)---
O. VII, Rr.11, 13 & S.115---Rejection of plaint---Revision against---Trial Court rejected plaint under O. VII, R.11, C.P.C. and appeal against order of the Trial Court was also dismissed by the Appellate Court---Defendant filed petition seeking the execution of the decree whereby the Trial Court had rejected plaint under O. VII, R.11, C. P. C. ---Executing Court having refused to entertain the said execution petition, defendant filed revision petition and Appellate Court converted revision petition into an appeal and accepted the same, holding that decree passed under O. VII, R.11, C. P. C. was executable---Decree passed in pursuance of a judgment under O. VII, R.11, C.P.C. would be a `decree' not only appealable, but also executable---In cases where rights were determined by a court and which culminated in rejection of plaint, same attained "finality and enforceability"---Decision of the court under O. VII, R.11, C.P.C. could be appealed against and enforced as decree.
Farman Ali Dewan v. Munsur Ali PLD 1962 Dhaka 214; Abdul Hamid v. Dilawar Hussain 2007 SCMR 945; Muhammad Ali v. Province of Punjab 2009 SCMR 1009 and Muhammad Saleemullah and others v. Additional District Judge, Gujranwala and others PLD 2005 SC 511 ref.
As received
Advocate Ch. Abdur Rahman Nasir Burm, LL.M. Islamabad, Pakistan 🇵🇰
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