Capt. TARIQ MEHMOOD MALIK vs PALPA PILOTS OCCUPATIONAL DISABILITY, FUND TRUST Ss

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Capt. TARIQ MEHMOOD MALIK VS PALPA PILOTS OCCUPATIONAL DISABILITY, FUND TRUST Ss.42 & 54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration, injunction and recovery of money---Maintainability---Plaintiff was declared unfit to fly as pilot by medical board---Pakistan International Airline Corporation the employer of plaintiff, International Federation of Airlines Pilots Association and defendant PALPA Pilots Occupational Disability Fund Trust compensated the plaintiff for his disability to fly as pilot---Plaintiff was aggrieved of compensation given to him by defendant Trust---Plea raised by defendant Trust was that suit was not maintainable---Validity---When there was no inherent legal defect in a claim or a lis and if it was not barred by any law or condition mentioned in O.VII, R.11, C.P.C., then maintainability of suit could not be decided by giving an affirmative finding---Maintainability of suit / lis was different from entitlement to relief as claimed in a case---Suit could be held maintainable but after conclusion of evidence, Court might arrive at a conclusion that a party was or was not entitled to any of the reliefs claimed---Suit filed by plaintiff was maintainable---Claim of plaintiff was disproved that he suffered any loss (financial or otherwise) or mental anguish on account of any decision or acts on the part of defendant Trust---Plaintiff was adequately compensated monetarily by his erstwhile employer Corporation, International Association as well as defendant Trust---Plaintiff was re-employed by the Corporation---Not encashing cheque given by defendant Trust did not improve case of plaintiff, who was not entitled to any further amount in view of bye-laws---High Court directed defendant Trust to revalidate cheque issued to plaintiff as the same was not enchased---Suit was dismissed accordingly.

Capt. TARIQ MEHMOOD MALIK vs PALPA PILOTS OCCUPATIONAL DISABILITY, FUND TRUST Ss — 2022 CLC 862 KARACHI-HIGH-COURT-SINDH

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