Law: Civil Procedure Code (V of 1908)

Section: 11,OrderVII,Rule11,OrderII,Rule2,12(2)

(a) Specific Relief Act (I of 1877)----Ss. 8 & 42---Civil Procedure Code (V of 1908), Ss.11, 12(2), O.II, R.2, O.VII, R. 11 & O.XX, R.13---Qanun-e-Shahadat (10 of 1984), Art.114---Suit for possession through declaration of property left by deceased---Rejection of plaint---Filing of such fresh suit after disposal of administration suit on basis of compromise between parties---Plea of plaintiff in fresh suit was as to non-disclosure of suit property in earlier administration suit---Validity---Suit property was not owned by deceased at the time of his death as same stood transferred in favour of his brother---Fresh suit on basis of same cause of action would not only be hit by provisions of O.II, R.2, read with S.11, C.P.C. but principle of estoppel would attract thereto---Plaintiff in presence of decree passed in administration suit was debarred from maintaining fresh suit, which was hit by provision of S.12(2), C.P.C.---Plaint in fresh suit did not disclose cause of action, which was rejected in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Partition Act (IV of 1893), S.2---Administration suit--Like suit for partition of joint properties or succession of assets of deceased, only one suit for administration of estate of propositus would be competent. (c) Civil Procedure Code (V of 1908)--- ---O. VII, R.11---Rejection of plaint---Object of---Fruitless/incompetent litigation should be buried at its inception to avoid wastage of time of Courts and parties. Haji Allah Bakhsh v. Abdul Rehman and others 1995 SCMR 459 and S.M. Shafi Ahmed Zaidi through Legal Heirs v. Malik Hassan Ali Khan (Moin) through Legal Heirs 2002 SCMR 338 rel. (d) Constitution of Pakistan (1973)--- ----Art. 199---Civil Procedure Code (V of 1908), S.115---Constitutional petition---Lawful decisions within ambit of conferred jurisdiction could not be substituted in constitutional jurisdiction. ORDER MUHAMMAD MUZAMMAL KHAN, J.---Instant constitutional petition prayed judgment/order dated 18-2-2004 passed by the learned Additional District Judge (respondent No.3) to be declared illegal, void and of no legal consequence, whereby revision petition filed by respondent…

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