1989 PLP 3550 (MLD)

O.VII, Rr. 10 & 11--Plaint, return of--Plaint was returned to plaintiff for presentation to the proper Court--Plaintiff presented plaint after making amendments in it which was rejected and the original plaint was entertained with liberty to plaintiff to move proper application for amendment of the original plaint, if so advised. PLD 1970 Kar. 367 ref. Saleem Khan for Plaintiff. Saleem Karmally for Defendant No.1. This is an application made by the defendant No. 1 that in view of the statement contained to the plaint, the plaint be rejected under Order 7 rule 11 C.P.C. According to him the plaintiff first instituted a suit bearing No. 914/SR in the Court of Xth Civil Judge, South Karachi, who vide order dated 1S-7-1988, returned the plaint for presentation in proper Court having pecuniary jurisdiction. Learned counsel for the defendant No. 1 states that in the affidavit to the defendant's application under Order 7 rule 11 C.P.C, it has been specifically mentioned that the plaintiff has made 15 amendments in various paragraphs to the original plaint filed by him in the Court of Xth Civil Judge, Karachi. He has referred to paras 7 to 22 of the defendant's affidavit. The original plaint was also filed by the plaintiff alongwith plaint in this suit. I also find that the prayer clause of the new plaint is not exactly the same as prayer clause in the plaint which was filed in the Court 4 Xth Civil Judge, Karachi, Mr. Saleem Karmally, Advocate, invites my attention to a judgment of this Court reported in PLD 1970 Karachi 367, wherein it was held as under:-- "It is not necessary for me to decide which of these conflicting views is correct because even if the view taken in the judgment cited by Mr. Ibadat Yar Khan is correct, it does not hell) plaintiffs case. Merely because a plaintiff is free to amend his paint by abandoning part of the relief claimed, when he receives it for presentation to the proper Court, it does not mean that the plaint becomes his private property or that he can tamper with a document which is part of the Court record, and there is nothing whatever in the judgment cited to support the argument of learned counsel that when a plaintiff receives a plaint for presentation to the proper Court, he can file a fresh suit or a new and amended plaint in the proper Court as has been done in the instant case." Learned counsel for the plaintiff is unable to satisfy me as to how the plaintiff can materially change the original plaint without seeking necessary; permission from this Court. 1, therefore, reject the plaint riled by the plaintiff in this suit and instead accept the plaint as originally filed by the plaintiff in the Court of Xth Civil Judge, Karachi, which is already on record of this Court. The' plaintiff will however, be at liberty to move a proper application for amendment of this plaint if he is so advised. Application is disposed of accordingly. Other applications arc adjourned to a date in office. M.A.K./S-394/8 Order accordingly.