These judgments elaborate upon the concept and contours of Order VII, Rule 11 CPC.

20. The learned counsel for the applicant relied upon Jewan and 7 others v. Federation of Pakistan through Secretary, Revenue, Islamabad and 2 others (1994 SCMR 826), Rafiuddin v. Karachi Metropolitan Corporation and 2 others (1994 MLD 874) and Iqbal Begum v. Farooq Inayat and others (PLD 1993 Lahore 183). These judgments elaborate upon the concept and contours of Order VII, Rule 11 CPC. However, in my opinion, it is not necessary to allude to these precedents as the concept is very well settled and the issue regarding the applicability or otherwise of Order VII, Rule 11 CPC does not arise as it is not denied that in these proceedings the general provisions of civil procedure apply and in case this Court comes to the conclusion that the present proceedings are caught by the mischief of sub-section (4) of section 80 of the Ordinance, this Court has the power to make necessary directions in order to give effect to those provisions and there is no cavil with this proposition.

  Part of judgment 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT

Civil Original (Civil)
751-10

2017 LHC 2017