Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata, principles of---Applicability---Conditions to invoke the principles enumerated. In order to invoke the principles of res judicata, following conditions are necessary:-- (1) The matter directly and substantially in issue in the subsequent suit or the issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. (2) The former suit must have been a suit between the same parties or between parties under whom they or anyone of them claim. (3) The parties must have litigated under the same title in the former (4) The Court which decided the former suit must have been a Court competent to try the subsequent suit in which such issue is subsequently raised. (5) The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the Court in the first suit. (b) Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata, principles of---Applicability---Suit dismissed for non-prosecution---Preconditions to invoke the provisions of S.11, C.P.C. being not available, same could not be pressed into service. (c) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.IX, R.9---Suit for declaration---Plea of adverse possession---Dismissal of suit---Any such right flowing from the said cause of action would be hit by O.IX, R.9, C.P.C. (d) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Specific Relief Act (I of 1877), Ss.8 & 42---Suit for declaration and possession of property---Rejection of plaint---Plaintiff's cause of action to bring the suit for declaration of their tenancy right, was a plea of permissible possession claiming such right through their father who had taken a contradictory plea of adverse possession to claim ownership over the property---Both pleas being destructive of each other, plaint of the plaintiff was liable to be rejected. (e) Qanun-e-Shahadat (10 of 1984)--- ----Art. 114---Estoppel---Principles recognized for giving effect to estoppel illustrated. The principles recognized for giving effect to estoppel are firstly that the fact recited…

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