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Civil Revision No. 2043‑D and Civil Miscellaneous No. 7359/C of 1980, decided on 13th December, 1980.
‑‑‑ O. VII, r. 11 & O. XXI, rr. 100 & 103‑Rejection of plaint Petitioner himself stating in plaint filed by him to have filed objection petition before Court executing ejectment order‑Petitioner's suit as such, held, barred by r. 103 of O. XXI and plaint could be rejected under cl. (d) of r. I1 of O. VII, without taking into account written statement of defendant and order of rejection of plaint not open to any legitimate exception even if written statement excluded from consideration.‑[Plaint].
0. VII, r. 11 & O. XXI, r. 103‑Rejection of plaint‑Prayer though made with regard to entries in Permanent Transfer Deed yet petitioner by filing his suit wishing to safeguard his possession of, and other rights and interest, in disputed property on basis of agreement of sale alleged to have been entered into by a person, such person according to petitioner, being real transferee of property‑Object behind institution of suit by petitioner being same for which petitioners filed objection petition, petitioners, held, cannot be permitted to circumvent law by claiming relief in such manner as to get out of teeth of r. 103.‑ [Plaint].
Syed H. M. Naqvi for Petitioner.
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