Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. II, R. 2 & S.11---Specific Relief Act (I of 1877) Ss. 42 & 54---Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action---Scope---Suit for declaration in relation to revenue record entries---Application of the defendant for dismissal of suit on ground that a similar suit on the same cause of action and between the same parties was pending, therefore, the suit was hit by principle of res judicata as well as hit by O. II, R. 2, C.P.C.---Validity---Present suit was instituted on the ground of wrong entries in Revenue Record, which were pointed out during the course of the proceedings of the previous suit, which was a suit for permanent injunction, relating to the same land, and which came out while recording the statement of the patwari halqa, therefore, present suit could not be hit by the principle of res judicata or by provisions of O. II, R. 2 C.P.C.---Subsequent suit could not be dismissed on the ground which were filed subsequently and having different cause of action and in which different relief had been sought---No illegality existed in orders of courts below---Revision was dismissed. Naseer Ahmad Shaikh through Attorney v. Ltd. Col. Munawar Hussain Shah 2000 CLC 1342; Saeed Ahmad and 3 others v. Tanveer Ahmad and another 1990 MLD 788 and Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344 rel. JUDGMENT KHALID MAHMOOD, J.---Fazlur Rehman etc. respondents/plaintiffs filed Suit No.28/1 for declaration against the petitioners/defendants in the Court of Civil Judge Tangi. The petitioners appeared before the Court and submitted an application for dismissal of the suit under Order II Rule 2, C.P.C. on the ground that the instant suit has been filed at the time when another Suit No.114/1 regarding the same subject-matter and on the same cause of action, between the same parties was pending before the same trial Court. After hearing arguments on the said application the trial Court vide its order dated 11-3-2010 dismissed the suit of the respondents. Feeling aggrieved the respondents/plaintiffs filed Appeal No.13/14, which was…

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