1. This application has served its purpose. The learned counsel for the plaintiff does not press the same, which is accordingly, dismissed.
2. By this application the defendant has prayed for rejection of the plaint.
' Today, the issues have been framed. The grounds for rejection of plaint are that the Sale Agreement executed by the defendant is incomplete and has no legal effect and that the Sale Agreement does not create any title and that the defendant has no title of the suit property and the plaintiff has no legal character to file the suit.
' The plaintiff has filed this suit for specific performance of the agreement. It is not disputed that the defendant has executed this agreement. The dispute is whether at the relevant time the defendant was entitled to enter into an agreement or not? This appears to be a factualy controversy and cannot be decided at this stage. While considering an application under Order VII Rule 11, C.P.C.
Only contents of the plaint are to be seen and defence cannot be considered. The plaint can only be rejected if comes within the mischief of Order VII Rule 11, C.P.C. The plaintiff has not claimed any declaration and for claiming specifc performance disclosing of legal character is not a requirement of law. The question whether at the time of entering into agreement the defendant has title of the property or not is a question of fact and the same cannot be decided without allowing the parties to lead evidence. Furthermore, the issues with regard to this controversy have been framed. The application appears to be frivolous and not maintainable and is accordingly, dismissed with cost of Rs,2,500 to be deposited with the Nazir within 15 days.
3. By this application the plaintiff has prayed that the defendant may be restrained from creating any third party interest and parting with possession of the property in question bearing No,B-193, KPT Officers Cooperative Housing Society, China Creek, Near Mai Kolachi Bypass, Off. M.T. Khan Road (New Queens Road), Karachi.
' The agreement was executed for the above property in the sum of Rs,51,50,000, out of which, Rs,5,00,000 was paid at the time Of agreement.
' The defendant, who is present in person, states that . The plaintiff has deliberately failed to pay the amount.
' The defendant has no objection for confirmation of the injunction order, dated 25-10-2004 subject to deposit of the amount with the Nazir of this Court.
' The Plaintiff is directed to deposit balance amount of Rs,46,50,000 with the Nazir of this Court within a period of two weeks.
' Subject to deposit of the amount this injunction application is disposed of and the defendant is restrained from creating any third party interest in the suit property.
4. By this application the defendant. Has prayed for staying the proceedings of this suit on the ground that another Suit No, 680 of 2004 filed by him is pending having similar issues.
' In that suit an order, dated 16-5-2005 was passed by which both these suits were ordered to be consolidated.
' Today, consolidated issues have been framed in both these suits. It appears that this application has served its purpose and after order, dated 16-5-2005 and framing of the consolidated issues no purpose will be served by staying this suit. The main purpose of section 10 appears to prevent Courts of concurrent jurisdiction from adjudicating and proceedings with the trial of two suits in which the matter in issue is directly and substantially the same between the same parties. The other object is to avoid multiplicity of proceedings and conflict of decision. Since in this matter the two suits were already consolidated there is no question of parallel trial, multiplicity of proceedings and conflict of decision/ opinion. It appears that this application has been passed just to waste the time of the Court. The application has no merits and the same is dismissed with cost of Rs,2,500 to be deposited with the Nazir of this Court within a period of fifteen days.
' On depositing of cost, the Nazir will appropriate the same on account of High Court Employees Benevolent Fund.