It is a settled principle, by now, that a plaint cannot be
rejected in piecemeal as the concept of partial rejection of plaint is
inapplicable to the provisions of Order VII, Rule 11 of the Code of
Civil Procedure, 1908 and it would have its limited application with
regards to the provisions of Order VI, Rule 16 and 17 of the C.P.C.
There could be partial striking out of pleadings but not rejection of
plaint, because partial acceptance or rejection of plaint is always
considered as improper exercise of jurisdiction. In this regard
reliance is placed on Feroze Din and another v. Master Muhammad
Sher Khan (1979 CLC 742), Moinuddin Paracha and 6 others v.
Sirajuddin Paracha and 23 others (1993 CLC 1606), Valuegold
Limited and 2 others v. United Bank Limited (PLD 1999 Karachi
1), E.F.U. General Insurance Company Ltd. through Branch
Manager and 2 others v. Zahidjee Textile Mills Ltd. through
Assistant Director and another (2005 CLC 848-Lahore), Maxim
Advertising Co. (Pvt.) Limited v. Messrs Z&J Hygenic Products
and 2 others (2007 YLR 2252-Karachi), Mst. Nishat Ishaq v.
Amjad Khan and 2 others (2014 CLC 71-Sindh), Ata Ullah and 6
others v. Sana Ullah and 5 others (PLD 2009 Karachi 38),
Muhammad Afzal v. Muhammad Manzoor & 40 others (PLJ 2013
SC (AJ&K) 198), Muhammad Khalid Pervez Ramay v. Talat
Mehmood (PLJ 2015 Lahore 425), Mariam Bibi and 7 others v.
Hakam Ali and others (PLJ 2017 SC (AJ&K) 142).
Lahore High Court
Civil Revision
192956/18
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