Adeel Khalid Bajwa vs Bashir Ahmad Tahir Ss — 2024 YLR 2813 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 2813 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Adeel Khalid Bajwa vs Bashir Ahmad Tahir Ss
Subject matter: Civil
Provisions referred to: S. 104; 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

Adeel Khalid Bajwa VS Bashir Ahmad Tahir Ss. 42 & 54---Civil Procedure Code (V of 1908), S.104 & O.VII, R.11---Suit for declaration and injunction---Rejection of suit---Principle---Suit filed by respondent/Plaintiff was rejected by Trial Court but Lower Appellate Court set aside the order and matter was remanded to Trial Court for decision afresh after framing issue on maintainability---Validity---For determination of whether plaint discloses a cause of action or not, Court has to presume that every averment made in the plaint is true---Power to reject plaint under O.II, R.11, C.P.C., must be exercised only if Court comes to the conclusion that even if all allegations are proved, the plaintiff would still not be entitled to any relief whatsoever---Suit filed by respondent/plaintiff was barred by law and had also failed to disclose any cause of action and was liable to be rejected---High Court set aside, the order passed by Lower Appellate Court, as the same was illegal, unlawful and was passed in illegal exercise of jurisdiction---Appeal was allowed, in circumstances.

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