Akhtar Nawaz vs Azra Begum O — 2025 YLR 544 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 544 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Akhtar Nawaz vs Azra Begum O
Subject matter: Civil

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

Akhtar Nawaz VS Azra Begum O. VII, R. 11---Cause of action, accrual of---Rejection of plaint---Scope---Plaintiffs challenged the legality / authenticity of a number of mutations, however, their plaint was rejected under O.VII, R. 11, C.P.C.---Defendants filed revision as the Appellate Court set-aside the plaint-rejecting order passed by the Trial Court---Validity---While deciding the application filed under O.VII, R.11, C.P.C., the Court has to just see that as to whether the plaintiff has disclosed a cause of action or not and as such at the initial stage it should not be the concern of the Court to record any finding that the plaintiff does not have a cause of action or that he would not be able to prove the cause of action, as such aspect of the case is to be determined after recording of pro and contra evidence---In the present case, notably, that the respondents/plaintiffs had successfully disclosed a cause of action, therefore, the suit of the respondents/plaintiffs was liable to proceed in accordance with law---High Court maintained the impugned order and judgment passed by the Appellate/ District Court being in accordance with law---Revision filed by defendants, being merit-less, was dismissed in limine, in circumstances.

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