Difference b/w rejection of plaint & dismissal of suit ⬇️

 Difference b/w rejection of plaint & dismissal of suit ⬇️

Civil Procedure Code --Order VII of C.P.C. plaint ----O. VII, Rr. 11 & 13---Rejection of plaint ---principle s---Cause of action -- Connotation---"Rejection of plaint " and "dismissal of suit"---Distinction-- principles involved in rejection of plaint are two-fold; firstly that a still born suit should properly be buried at its inception, so that no further time should be consumed on fruitless litigation; and secondly plaint iff would have a chance to retrace his steps at the earliest possible moment, so that if permissible under law he could file properly constituted case---"Rejection of plaint" is distinct than "dismissal of suit"---Rejection of plaint would take away the very basis of suit and position would be the same as if no suit was filed at all, while dismissal of suit would recognize existence of suit by undertaking its termination, so that in former case (rejection of plaint ) plaintiff would not be precluded from filing fresh suit in respect of same cause of action if he so desired---In case of dismissal, however, same would operate as a bar to any further suit on the same cause of action---Expression "cause of action" used in Civil Procedure Code refers to general sense by signifying averment of fact or state of facts, giving rise to claim or rights of plaint iff against defendant, sufficient to enable Court to render judgment or to grant relief---For purpose of determining whether plaint discloses cause of action or not Court has to assume that every allegation made in plaint was true---Power to reject plaint must, therefore, be exercised only if Court had come to conclusion that even if all allegations were proved, plaint iff would not be entitled to any relief whatsoever---Where, however, plaint iff did not disclose cause of action, Court should not reject plaint but should allow amendment of the same---Pleas raised in written statement, however, were not to be considered for purpose of determin ing jurisdiction ---plaint should also not be rejected on basis of objections filed in reply to application for grant of interim injunction---Rejection of plaint on extraneous considerations was not warranted in circumstances.

 1995  CLC  1982   SUPREME-COURT-AZAD-KASHMIR

  Side Appellant : QAMAR-UL-ZAMAN

  Side Opponent : AGRICULTURAL DEVELOPMENT               BANK OF PAKISTAN