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NOOR UD DIN vs The SECRETARY BOARD OF REVENUE DEPARTMENT O — 2021 PLD 5 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PLD 5 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PLD
Parties
NOOR UD DIN vs The SECRETARY BOARD OF REVENUE DEPARTMENT O
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NOOR UD DIN VS The SECRETARY BOARD OF REVENUE DEPARTMENT O.VII, R.11---Suit for declaration and injunction---"Rejection" and "dismissal" of plaint---Distinction---Trial Court dismissed the suit on application filed by defendant under O.VII R.11, C.P.C.---Validity---Words 'rejection of plaint' mentioned in O.VII, R.11, C.P.C. meant that if ingredients in O.VII, R.11, C.P.C. were available in plaint, the Court had jurisdiction and power to reject the plaint---"Dismissal of suit" connoted that it was a final determination of controversy between the parties and Trial Court could dismiss the suit only after holding inquiry and recording of evidence---Rejection of plaint provided or opened door for plaintiffs to fresh suit but in case of dismissal of suit no fresh suit could be filed and only statutory remedy was available against dismissal order---High Court modified order passed by Trial Court as one passed under O.VII, R.11, C.P.C. and plaint was rejected---Revision was dismissed accordingly.

Other judgments reported in 2021 PLD

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