Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 12(1), O.II, R.2, O. VII, R.11(d) & O.XXIII, R.1---Second suit between same parties on basis of same cause of action as contained in previous suit pending between parties---Withdrawal of previous suit after filing of second suit---Prayer in second suit, though being same as raised in previous suit, but couched differently with addition of prayer of damages--Maintainability---Record showed that while filing second suit, previous suit was pending before same court and interim injunction passed therein was still operating---Plaintiff after having withdrawn previous suit could not file second suit by virtue of O.XXIII, R.1, C.P.C.---Plaintiff had omitted or relinquished claim of damages in previous suit, thus, in respect thereof he could not sue afterwards in second suit by virtue of O.II, R.2, C.P.C.-Second suit was barred by O. VII, R.11(d) and could not be filed and/or entertained at all---Plaint was rejected under O. VII, R.11(d), C.P.C. in circumstances. ORDER SALMAN HAMID, J.--- (MAINTAINABILITY) Among other dates on 9-9-2010, a detailed order was passed by this Court, whereby the plaintiff was put on notice to satisfy on the maintainability of the present suit. The question cropped up when the learned counsel for defendants Nos.1 to 9 pointed out in the written statement that earlier in time, this plaintiff filed Suit No.913 of 2010 against the same defendants before the IInd Senior Civil Judge Karachi, East. No relief in that Suit by way of an interlocutory measure allowed, present Suit was filed for the same relief. A copy of the plaint of Suit No.913 of 2010 was brought on record. 2. It was thus, argued, by the learned counsel that the present Suit being between the same parties and on the same cause of action as in Suit No.913 of 2010, this Suit merits dismissal. Two suits on same cause of action, it was argued, are not maintainable between the same parties. 3. All that was said by the learned counsel for the plaintiff in answer to the above crucial argument: that Suit No.913 of 2010 that was filed by the plaintiff before the IInd Senior Civil Judge Karachi, East has been withdrawn on 16-9-2010, and,…

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