AYAZ AHMED vs SHER MUHAMMAD And 3 Other
This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, arising from a dispute involving the law of pre-emption. The core legal question presented for the Court's consideration is whether a plaint in a pre-emption suit is liable to be rejected under Order VII, Rule 11 of the Code of Civil Procedure 1908, specifically due to the plaintiff's failure to explicitly aver the requirements of 'Zaroorat' (necessity) or the avoidance of 'Zarar' (injury) as mandated by the statutory provisions of the Punjab Pre-emption Act, 1991. The Court granted leave to appeal to examine this procedural and substantive issue regarding the sufficiency of pleadings in pre-emption litigation. The judgment serves to address the strictness of pleading requirements in pre-emption suits and whether the omission of specific statutory grounds constitutes a fatal defect necessitating the rejection of the plaint. The Court's ultimate determination on this issue will clarify the threshold for maintaining such suits under the prevailing pre-emption regime in Punjab.
- Is a plaint liable to be rejected under Order VII, Rule 11 of the Code of Civil Procedure 1908 if it fails to aver 'Zaroorat' or the avoidance of 'Zarar' as required by section 6(2) of the Punjab Pre-emption Act, 1991?
- Section 6(2), Punjab Pre-emption Act, 1991
- Order VII Rule 11, Code of Civil Procedure 1908
ORDER
MUHAMMAD MUNIR KHAN, J.---We have heard the learned counsel for the parties.
2. Leave to appeal is granted to consider whether on account of omission to aver Zaroorat' or avoidance of ' Zarar' in terms of section 6(2) of the Punjab Pre-emption Act, 1991 in the plaint, the plaint was liable to rejection under Order VII, Rule 11 of the Civil Procedure Code.