Shahnawaz vs Additional District Judge, Quetta S — 2026 YLR 1690 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 YLR 1690 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: YLR
Parties: Shahnawaz vs Additional District Judge, Quetta S
Subject matter: Civil
Provisions referred to: S. 115---C; S. 115---R; 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

Shahnawaz VS Additional District Judge, Quetta S. 115---Civil Procedure Code (V of 1908), O. VII, R. 11 & S. 115---Rejection of plaint---Cause of action, lack of---Scope---Petitioner challenged the concurrent orders passed by the courts below whereby the plaint filed by him in a suit for declaration and injunction was rejected under Order VII, Rule 11, C.P.C. on the ground of disclosing no cause of action and being barred by law---Validity---While considering an application for rejection of plaint under Order VII, Rule 11, C.P.C., the court is strictly bound to examine the averments made in the plaint alone, taking them to be correct at face value, without looking into the defense plea or written statement---Perusal of the plaint revealed that the petitioner had narrated a comprehensive sequence of events detailing how his ownership rights over the inherited land were sought to be clouded by fraudulent transfers, thereby disclosing a clear and subsisting cause of action---Courts below erred in mixing up the merits of the case and analyzing the evidentiary value of documents at the very threshold stage, which is impermissible under law---Rejection of a plaint is a drastic power that deprives a plaintiff of a trial on merits and must be exercised only in clear-cut cases where the bar of law or absence of cause of action is apparent on the face of the plaint---High Court set aside the orders of rejection, restored the suit, and directed the trial court to proceed with the trial in accordance with law---Revision petition was accepted.

Other judgments reported in 2026 YLR

2026 YLR 1023 KARACHI-HIGH-COURT-SINDHSyed Najam Raza Naqvi VS Mst. Badar Jahan S. 115(2)---Revisional jurisdiction of District Judge---Scope---Jurisdiction of District Judge to…
2026 YLR 606 SUPREME-COURT-AZAD-KASHMIRMohsin Shamim VS State. Ss. 302(b), 324, 109, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting, rioting armed wi…
2026 YLR 1023 KARACHI-HIGH-COURT-SINDHSyed Najam Raza Naqvi VS Mst. Badar Jahan S.115---Revisional jurisdiction of High Court---Scope---Jurisdiction of High Court to revise a "ca…
2026 YLR 625 PESHAWAR-HIGH-COURTLIAQUAT ALI VS STATE Motive---Scope---Motive is a double-edged weapon which cuts both sides in like manner, as such, false implication of ac…
2026 YLR 1121 ISLAMABADMuhammad Muneeb Arshad VS Mst. Ammara Mahroof S. 17---Civil Procedure Code (V of 1908), Ss. 10 & 11---Res sub judice and res judicata---Appl…
2026 YLR 1121 ISLAMABADMuhammad Muneeb Arshad VS Mst. Ammara Mahroof Election, doctrine of---Double proceedings---Where two fora are invoked for substantially the…

Back to the case-law library · Search Pakistani case law in Urdu or English