Sukhio Khan vs Ali Nawaz Ss — 2024 MLD 656 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 656 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Sukhio Khan vs Ali Nawaz Ss
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

Sukhio Khan VS Ali Nawaz Ss. 12, 42 & 54---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for specific performance of agreement to sell, declaration and injunction---Rejection of plaint---Issues framed---Factual controversy---Plaint filed by petitioner/plaintiff was rejected by Trial Court and Lower Appellate Court for want of cause of action when the case was fixed for recording of evidence---Validity---Once application was made under O. VII, R. 11 C.P.C., in a suit, it became responsibility of Court to independently determine all relevant legal inquiries, including whether the suit was barred by law or if the plaint disclosed a cause of action---Trial Court rejected plaint while considering a subsequent application under O. VII, R. 11, C.P.C., contravening prevailing legal provisions---Omission of both the lower Courts regarding their failure to acknowledge that it would not be justifiable to reject the plaint when parties were at variance of factual issues, especially considering that the case had been scheduled for presentation of evidence---Once issues are framed and Court has entered upon recording of evidence, matter has to be taken its logical end instead of summary disposal---High Court set aside orders passed by two Courts below as both the Courts below committed material irregularity and illegality while rejecting plaint of petitioner/plaintiff under O. VII, R. 11, C.P.C---High Court remanded the matter to Trial Court to conduct trialin accordance with law and decide the same on merits on the basis of evidence recorded during trial---Revision was allowed accordingly.

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