Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,S.11

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 & S.11---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Res judicata, principle of---Applicability---Rejection of plaint---Arbitration proceedings--- Scope---Defendant moved an application for rejection of plaint with the contention that plaintiff had no cause of action for filing the present suit as dispute had been directly and substantially decided in arbitration proceedings---Validity---Plaint, its accompaniments and other material available on record which on its own strength was sufficient to refute the claim of plaintiff could be looked into for the purpose of rejection of plaint---Dispute with regard to suit property was finally resolved through award which was made rule of court with the consent of parties---Matter directly and substantially in issue in the present suit was directly and substantially in issue in the arbitration proceedings between the parties---Present suit was barred under the principle of res judicata and under S. 42 of Specific Relief Act, 1877 as plaintiff ceased to have any legal character or right in the suit property which had been awarded to the defendant--Plaintiff had no cause of action against the defendant---Plaint should be rejected in any of the four eventualities mentioned in O. VII, R. 11, C.P.C.---Court should reject the plaint if plaintiff would not be entitled to the relief claimed if all the allegations made in the same were proved--Neither the main relief of declaration nor the consequential reliefs could be granted to the plaintiff in the present case---Plaint was rejected in circumstances. Messrs Hasan Ali Rice Export Co. through Sole Proprietor v. Flame Maritime Ltd. and another, 2004 CLD 334; Muhammad Anwar v. Messrs Associates Trading Co. Ltd. and others, 1989 MLD 4750 and Abdul Karim v. Haji Ilyas and 4 others, 1986 CLC 1660 ref. S.M. Shafi Ahmed Zaidi through Legal Heirs v. Malik Hassan Ali Khan 2002 SCMR 338; Abdul Nasir and another v. Haji Saeed Akbar 2010 SCMR 1770; Raja Ali Shah v. Messrs Essem Hotel Ltd. and others 2007 SCMR 741 and Pakistan Agricultural Storage and Services corporation Ltd. v. Mian Abdul Latif and others PLD…

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