205/2019 II.A. Ms. Qaiser Jehan Begum Thr. Salman Hussain Memon (Appellant) V/S Sindh Building Control Authority (SBCA) & Others (Respondent)

Sindh High Court2021

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)

205/2019 II.A. Ms. Qaiser Jehan Begum Thr. Salman Hussain Memon (Appellant) V/S Sindh Building Control Authority (SBCA) & Others (Respondent) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 30-APR-21 the provisions of Section 42 were misconstrued by Courts below. A plaint could only be rejected under order VII rule 11 CPC if it is barred by law. None of the provisions of law was cited by respondents counsel and/or find mention in the orders/judgment of two Courts below whereby a plaint of the suit of the appellant could be rejected under order VII rule 11 CPC. The appellant had a cause of action on account of a threat to her property in view of alleged unlawful and illegal construction beingraised on the adjacent plot.

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205/2019 II.A. Ms. Qaiser Jehan Begum Thr. Salman Hussain Memon (Appellant) V/S Sindh Building Control Authority (SBCA) & Others (Respondent)

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