MUHAMMAD SADIQ vs MUHAMMAD HASSAN S — 2025 CLD 1796 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 CLD 1796 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: CLD
Parties: MUHAMMAD SADIQ vs MUHAMMAD HASSAN S
Subject matter: Civil
Provisions referred to: S. 19---C; 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

MUHAMMAD SADIQ VS MUHAMMAD HASSAN S.19---Civil Procedure Code (V of 1908), O.VII, R.11---Rejection of plaint in summary manner---Scope---Recording of evidence---Requirement---The matter essentially concerned the maintainability of a copyright claim---The central issue in the present case was whether the suit filed by the appellant, seeking enforcement of exclusive ownership and copyright over a song and restraining the defendants from its unauthorized use, was liable to be rejected under O. VII, R. 11, C.P.C.---Held: The impugned order was beyond the permissible scope of O. VII, R. 11 of C.P.C. as set out in the case reported as PLD 2012 SC 247---Tribunal did not give any consideration to the scope of O.VII, R.11 of C.P.C. and embarked upon adjudicating disputed questions in a summary manner, without recording evidence---The "awareness" of the appellant and the alleged "concealment" could not conceivably be ground for rejection of plaint---Therefore, impugned order was set aside and matter was remanded back to the Tribunal for deciding the same on merits after recording of evidence---Appeal was allowed, in circumstances.

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