Citation Name: 2024 YLR 1290 PESHAWAR-HIGH-COURTBookmark this Case DUNIYA GUL vs NIAZ MUHAMMAD Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2024 YLR 1290 PESHAWAR-HIGH-COURTBookmark this Case DUNIYA GUL VS NIAZ MUHAMMAD Ss. 42 & 54---Civil Procedure Code (V of 1908), O. VII, R.11---Suit for declaration and injunction---Plaint, non-rejecting of---Availability of cause of action--- Petitioner/defendant was aggrieved of order passed by Trial Court declining to reject plaint filed by respondent/plaintiff--- Validity--- Trial Court while rendering an opinion whether a plaint discloses a cause of action or otherwise while deciding an application under O. VII, R. 11(a), C.P.C. has to evaluate entire facts narrated in the plaint upon which plaintiff is seeking his remedy against the defendants---After perusal of facts and relevant record, if Trial Court reaches at a conclusion that there is a probability, if plaintiff is allowed to lead evidence in support of his/their claim, he may succeed in getting a decree against defendant for his entire or partial claim, such plaint cannot be rejected---In the present case respondent/plaintiff asserted that he did not receive compensation and in such regard had produced 11 witnesses---It was petitioner's/defendant's duty to establish that consideration was paid to respondent/plaintiff as written statement did not disclose that what was the consideration and how it was paid---Such findings recorded by Trial Court in its judgment were tentative in nature and Trial Court was to independently form its opinion regarding burden of proof of such party---Plaint in view of various agreements, contents of pleadings and evidence produced by respondent/ plaintiff had disclosed cause of action relating to rights of respondent/plaintiff over suit property---High Court declined to interfere in findings of Trial Court as the same were not open to any exception, were well-reasoned and had addressed legal as well as factual issue in an appropriate manner---Revision was dismissed, in circumstances.

Citation Name: 2024 YLR 1290 PESHAWAR-HIGH-COURTBookmark this Case DUNIYA GUL vs NIAZ MUHAMMAD Ss — 2024 YLR 1290 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 YLR