MOHAMMED IQBAL KHAMISANI vs HOTEL METROPOLE (PVT — 2023 YLR 2530 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 2530 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: MOHAMMED IQBAL KHAMISANI vs HOTEL METROPOLE (PVT
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

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

MOHAMMED IQBAL KHAMISANI VS HOTEL METROPOLE (PVT.) LTD. Ss. 12, 42 & 54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for specific performance of agreement, declaration and injunction---Rejecting of plaint---Principle---Time barred suit---Appellant/plaintiff was aggrieved of rejecting of his plaint on application of respondent/defendant-- Validity---It was duty of Court to examine as to whether the Court had jurisdiction to decide the suit and as to whether a suit filed before it was maintainable in law or not---If Court was of the opinion that the suit was not maintainable in law for any of the reasons as mentioned in O. VII, R. 11, C.P.C., it would reject the paint at the very initial stage of proceedings to avoid abuse of process of law---Division Bench of High Court declined to interfere in the impugned order as appellant/plaintiff failed to make out a prima facie case or to show any valid and lawful cause of action in the suit which otherwise was barred by law of limitation---Intra Court Appeal was dismissed, in circumstances.

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