ABDULLAH vs NOOR-UD-DIN O — 2023 CLC 1784 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDULLAH VS NOOR-UD-DIN O.VII, R.11---Rejection of plaint---Averments made in the plaint---Cause of action, arising of---Powers of the Courts---Scope---In order to take up pleas under Order VII, Rule 11 of the Civil Procedure Code, 1908 ('the C.P.C, 1908'), the concerned party has to essentially take the averments made in the plaint as correct, and establish that their entirety appears to be barred by law or a suit on the basis of it was incompetent, or did not disclose cause of action---Court would take into consideration the plaint as a whole and the documents placed on record by the plaintiff---Party seeking relief must have " cause of action" not only when the alleged act is done but at the time of filing suit, the right to seek relief should be in existence---Question as to whether a suit is barred by limitation or right to seek relief exists or not, would therefore depend upon the facts and circumstances of each case---For the said purpose, only averment made in the plaint is relevant and at this stage Court would not consider the defence---Order VII, R.11 of the C.P.C, 1908 lays down an independent remedy to the defendant to challenge the maintainability of the suit instead of contesting the same on merit---Court can exercise power at any stage of the suit, before passing judgment , for deciding an application under O.VII, R. 11 of the C.P.C, 1908, relating to clauses (a) & (d)---Order VII, Rule 11 of the C.P.C, 1908, impliedly, casts a duty on the Court to perform its obligation when the same is hit by any of the clauses provided under O.VII, R.11 of the C.P.C, 1908---Even without the filing of application under O.VII, R. 11 of the C.P.C, 1908, by defendants or deciding such application, it is to be considered whether the plaint discloses a real cause of action or something purely illusory or imaginary or hollow has been stated within the meaning of O.VII, R.11 of the C.P.C, 1908---Thus, it is the plaint alone which is to be considered.

ABDULLAH vs NOOR-UD-DIN O — 2023 CLC 1784 QUETTA-HIGH-COURT-BALOCHISTAN

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