' A suit filed by the petitioner against the respondents on 19-6-1994, claiming damages for illegal confinement, assault and battery was resisted only by respondent No.1 who filed a written statement denying the said allegations. An application was filed under Order VII rule 11 C.P.C. That since the said respondent had obtained the car in question on Superdari from a Court at Gujranwala, the plaint does not disclose a cause of action. The learned trial Court proceeded to reject the plaint vide order dated 17-7-1995. A learned Additional District Judge, Rawalpindi, dismissed the first appeal of the petitioner on 27-9-1997.
2. Learned counsel for the petitioner contends that the plaint diddisclose a cause of action and had the petitioner been given a chance to prove the contents thereof, he would have to a decree.
Respondent No.3 has been reported to be dead. While other respondents have not turned up. They are proceeded against ex parte.
I have examined the plaint. I find that the learned Courts below have acted in violation of law laid down by the superior judiciary in the A matter of the examination of plaint for the purposes of Order VII rule 11 C.P.C. Several factual allegations have been made in the plaint in case the petitioner proves the same at the trial, he will get a decree. However, since the suit has been filed for damages in torts and respondent No.3 B has died before a decree could be passed, to his extent the suit stands abated and the civil revision is dismissed: However, it stands accepted so far as respondents Nos.1 and 2 are concerned. The impugned orders of both the learned Courts below are set aside. The result will be that the C suit filed by the petitioner shall be deemed to be pending againstrespondents. Nos.1 and 2 before the learned Senior Civil Judge, Rawalpindi. A copy of this judgment be immediately remitted to the learned Senior Civil Judge, Rawalpindi, who shall requisition the record, summon respondents Nos.1 and 2 and proceed to decide the suit in accordance with law. No orders as to costs.