| Case ID |
30865783-226c-4238-bebb-2b2a65c6c934 |
| Body |
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| Case Number |
High Court Appeal No. 425 of 2016 |
| Decision Date |
Sep 10, 2018 |
| Hearing Date |
Aug 13, 2018 |
| Decision |
The appeal was allowed, and the impugned order of the Trial Court was set aside. The matter was remanded to the Trial Court for further proceedings in accordance with law. The Court emphasized that the rejection of a plaint under Order VII, Rule 11, C.P.C. should not be made in piecemeal and the presence of additional grounds and prayers cannot bar the plaint from being considered valid. The Court ruled that the contents of the plaint should be given primacy, and the rejection based solely on the absence of arguments for certain claims was erroneous. |
| Summary |
In the case of High Court Appeal No. 425 of 2016, the Sindh High Court addressed the rejection of a plaint under the Civil Procedure Code (V of 1908). The case involved a dispute between an employee of the Pakistan Defence Officers Housing Authority and the authority itself regarding multiple claims, including eviction from official accommodation and salary adjustments. The Appellant's plaint was initially rejected by a Single Judge on the grounds of maintainability. However, the appeal highlighted the importance of considering all grounds and prayers within the plaint, regardless of arguments presented at the hearing. The Court ruled that a plaint cannot be rejected in parts and emphasized the need for a comprehensive examination of all claims. The decision reinforced the legal principle that all aspects of a plaint must be considered, leading to the remand of the case for further proceedings. This ruling is significant for legal practitioners and advocates involved in civil procedure, particularly regarding the interpretation of Order VII, Rule 11. The case references several precedents, including Mst. Nishat Ishaq v. Amjad Khan, and underscores the necessity for thorough judicial review in matters of plaint rejection, ensuring fair access to justice for petitioners. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Defence Officers Housing Authority
|
| Judges |
ADNAN-UL-KARIM MEMON,
JUSTICE AGHA FAISAL
|
| Lawyers |
Farhan-ul-Hassan,
Malik Altaf Javed
|
| Petitioners |
Mst. Nishat Ishaq
|
| Respondents |
ADMINISTRATOR, PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY, KARACHI AND 4 OTHERS
|
| Citations |
2019 SLD 1670,
2019 MLD 1295
|
| Other Citations |
Mst. Nishat Ishaq v. Amjad Khan and others 2014 CLC 71,
Haji Abdul Karim and others v. Messrs Florida Builders (Private) Limited PLD 2012 SC 247,
Jewan and others v. Federation of Pakistan and others 1994 SCMR 826
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.VII,R.11
|