“9. It is well settled that Courts should look attentively to
plaints at initial stage to find whether they attract application
of Rule 11 of Order VII of CPC, if facts of the case justify
application of Rule 11 of Order VII of CPC, it must be
applied for rejection of the plaints, irrespective of fact
whether it is stage of disposal of application for temporary
injunction and it is somewhat earlier stage. It is also well
settled that plaint can be rejected if it does not disclose cause
of action or the same is barred by any law as enumerated in
clauses (a) to (d) of Rule 11 of Order VII, CPC. If from the
face of record any infirmity enumerated in clauses (a) to (d)
of Rule 11 of Order VII, CPC, then the Court shall order for
rejection of the plaint as the fruitless litigation requires to be
buried at its inception, to avoid wastage of time of Courts and
unnecessary expenses and wastage of time of the litigants as
well.”
(emphasis supplied)
Used in Judgment of
LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT
Land
3263/19
2020 LHC 781
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