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ASSISTANT DIRECTOR MINES AND MINERAL DEPARTMENT, SWABI vs FAZAL SADIQ O — 2022 CLC 1392 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 1392 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
ASSISTANT DIRECTOR MINES AND MINERAL DEPARTMENT, SWABI vs FAZAL SADIQ 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

ASSISTANT DIRECTOR MINES AND MINERAL DEPARTMENT, SWABI VS FAZAL SADIQ O.VII, R.11---Specific Relief act (I of 1877), Ss.42 & 54---Constitution of Pakistan, art. 199---Rejection of plaint---Principle---Concurrent findings of facts by two Courts below---Interference under Constitutional jurisdiction---Scope---Petitioner/defendant was aggrieved of refusal by Trial Court and Lower appellate Court to reject suit filed by respondent / plaintiff---Validity---at the time of deciding application filed under O.VII, R.11 C.P.C. for rejection of plaint, Court has to just consider "contents" of plaint---Every fact mentioned in plaint has to be considered as true and correct--- Even written statement or a plea taken in written statement cannot be taken into consideration---Fact / apprehension that respondent / plaintiff might not be ultimately successful in establishing averments made in plaint, could not be a ground for rejecting plaint under O.VII, R.11, C.P.C.---Two Courts below had concurrently discarded plea of petitioner / defendant, who under Constitutional jurisdiction was required to show that orders / judgments of Courts below suffered from jurisdictional defects or two Courts below had exercised their jurisdiction in an illegal and arbitrary manner or some material irregularities were committed by Courts below which could justify interference by High Court in a Petition filed under art.199 of the Constitution---High Court declined to interfere in the orders passed by two Courts below---Constitutional petition was dismissed, in circumstances. Head Notes

Other judgments reported in 2022 CLC

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