Sajjad Haider vs Syed Ali Rizwan Kazmi O — 2025 MLD 1621 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1621 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Sajjad Haider vs Syed Ali Rizwan Kazmi O
Subject matter: Civil
Provisions referred to: S. 115

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

Sajjad Haider VS Syed Ali Rizwan Kazmi O. VII, R. 11---Rejection of plaint---Scope---Petitioner filed recovery suit against the respondents---Respondents filed written statement along with application under O.VII, R.11 of the C.P.C., which was dismissed---Revision was filed, which was allowed and plaint was rejected---Validity---In the case in hand, it could not have been held that the plaint did not disclose any cause of action or that relief claimed was undervalued---While alleging cause of action, the petitioners in their plaint had specifically narrated this fact---In the case, the plaint contained material facts, cause of action and a valid claim, thereby requiring adjudication on merits---Revisional Court acted in contradiction to established principle of law by rejecting the plaint prematurely---Thus, the order of the Revisional Court was legally unsustainable and must be set aside---Trial Court acted within its jurisdiction in dismissing the application under O.VII, R.11, C.P.C. as the plaint disclosed a cause of action---Revisional Court, instead of identifying a jurisdictional defect, reassessed factual matters, which was beyond the scope of S.115, C.P.C.---Revisional Court was not meant to act as a second Court of appeal---Revisional Court could interfere only if there was a jurisdictional defect or material irregularity in the subordinate Court's order---Since no jurisdictional defect was present in the Trial Court's decision, the revisional Court's interference was unwarranted and illegal---Petition was allowed by restoring the plaint before the Trial Court.

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