DILABAZ KHAN vs BALQIAZ O — 2022 MLD 1673 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 1673 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: DILABAZ KHAN vs BALQIAZ 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

DILABAZ KHAN VS BALQIAZ O.VII, R.11---Specific Relief act (I of 1877), Ss.42 & 54---Rejection of plaint---Documents of defendants---Factual controversy---Petitioners / plaintiffs filed suit seeking declaration and injunction on the ground that their predecessor-in-interest did not sell suit property---Trial court declined to reject the plaint but Lower appellate Court in exercise of revisional jurisdiction rejected the plaint on the basis of documents produced by respondents / defendants with their pleadings---Validity---While considering application under O.VII, R.11, C.P.C., Court was to look into contents of plaint and documents appended and after considering the same should have applied its judicial mind to decide fate of application so submitted---Lower appellate Court under no circumstances could travel beyond scope of relevant provision and prerequisites mentioned therein, as in such eventuality powers so exercise would yield injustice which had never been intent and purpose of law---High Court set aside order passed by Lower appellate Court as matter before the Court, was purely of factual controversy and was not within the parameters laid down for rejection of plaint---Constitutional petition was allowed, in circumstances. Head NotesCase Description

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