| Case ID |
2bd3e93e-aec5-4068-96da-e9bbaf3b69b3 |
| Body |
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| Case Number |
Writ Petition No. 4304-P of 2021 |
| Decision Date |
Feb 21, 2022 |
| Hearing Date |
Feb 21, 2022 |
| Decision |
The High Court dismissed the constitutional petition filed by the petitioner, who challenged the concurrent findings of the Trial Court and Lower Appellate Court regarding the rejection of the plaint. The Court emphasized that, under Order VII Rule 11 of the Civil Procedure Code, the contents of the plaint must be taken as true, and that the potential success of the respondent in establishing their claims could not be grounds for rejecting the plaint. The petitioner failed to demonstrate any jurisdictional defects or irregularities in the decisions of the lower courts, leading to the conclusion that the High Court would not interfere with their orders. |
| Summary |
In the case of Writ Petition No. 4304-P of 2021, heard by the Peshawar High Court, the petitioner, Assistant Director Mines and Mineral Department, Swabi, sought to challenge the refusal of the Trial Court and Lower Appellate Court to reject a suit filed by the respondent, Fazal Sadiq, and others. The case revolved around the interpretation and application of the Civil Procedure Code, specifically Order VII Rule 11, and provisions of the Specific Relief Act and the Constitution of Pakistan. The Court reaffirmed the principle that the contents of the plaint are to be considered true for the purpose of the application, and the mere apprehension that the respondent might not succeed in proving their claims was insufficient to warrant rejection of the plaint. Ultimately, the High Court found no jurisdictional errors in the lower courts' decisions and dismissed the petition, reinforcing the importance of judicial consistency and the protection of litigants' rights within the legal framework. This case highlights key legal principles regarding plaint rejection and the standards of review for higher courts, making it a significant reference point for future litigations involving similar procedural issues. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD IJAZ KHAN, J
|
| Lawyers |
Not available
|
| Petitioners |
ASSISTANT DIRECTOR MINES AND MINERAL DEPARTMENT, SWABI
|
| Respondents |
FAZAL SADIQ and others
|
| Citations |
2022 SLD 2470,
2022 CLC 1392
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877,
Constitution of Pakistan, 1973
|
| Sections |
11,
42,
54,
199
|