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---Rejection of plaint---Scope---Contents of plaint, considering of---Plaintiffs challenged the legality / authenticity of number of a 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 under O.VII, R.11, C.P.C., it is only the contents of the plaint which are to be considered and even a plea taken in the written-statement or any document appended with the written-statement cannot be considered at such initial stage---At the time of deciding an application filed under O.VII, R.11, C.P.C., for the rejection of a plaint, the Court has to just consider the "contents" of the plaint and every fact mentioned in the plaint has to be consideredas true and correct and even the written-statement or a plea taken in the written statement cannot be taken into consideration---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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