MUNAWAR ALI vs UMAR DARAZ O — 2022 CLC 920 KARACHI-HIGH-COURT-SINDH

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MUNAWAR ALI VS UMAR DARAZ O.VII, R.11---Specific Relief act (I of 1877), Ss.12, 19, 39 & 54---Limitation act (IX of 1908), art.113---Rejection of plaint---Scope---Suit for specific performance of contract, recovery of damages and mesne profit, cancellation and permanent injunction filed by respondent---Petitioners filed written statement accompanied by an application under O.VII, R.11 of Civil Procedure Code, 1908, which application was concurrently dismissed---Validity---Respondent allegedly purchased two properties from the petitioners on the basis of three sale agreements and paid advance and issued two cheques which were withdrawn by the petitioners and also issued/delivered four cheques to the petitioners---One of the said agreements was substituted with the consent of parties and entire paid amount was adjusted in new agreement---admittedly even if the objections as raised by petitioners were upheld, the plaint could not be rejected against respondent and suit would proceed against respondent the relevant defendant---Plaint could not be rejected in parts or piecemeal---None of the situations stipulated in any clauses of R.11 of O.VII, C.P.C., were applicable in the matter---Petitioners could not point out any law under which plaint could be held to be barred except art.113 of the Limitation act, 1908---Rejection of plaint in meaning of O.VII, R.11 of Civil Procedure Code and dismissal of the suit on ground of its maintainability on the factual pleas were entirely two different things---When factual controversy was involved, the plaint could not be rejected in spite of the fact that the plaintiffs might not succeed in establishing allegations made in the plaint---Question of limitation had to be resolved in the light of evidence adduced---Constitutional petition was dismissed accordingly.

MUNAWAR ALI vs UMAR DARAZ O — 2022 CLC 920 KARACHI-HIGH-COURT-SINDH

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