Law:

Section:

(a) Civil Procedure Code (V of 1908)--- -----S.11 & O. VII, R.11---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss.9, 10 & 17---Res judicata, principle of---Scope---Rejection of plaint---Effect of decree passed in one suit over the other suit between the same parties---Whether the and decree passed against the plaintiff in the suit filed by the Bank could be considered by the Court in deciding the application for rejection of plaint filed by the Bank in the suit of plaintiff---After the institution of the present suit by the plaintiff, the suit filed by the Bank against the plaintiff was decreed---Statement of account in respect of which the present suit was filed was made available to the plaintiff in the other suit filed by the Bank---Other suit filed by the Bank was contested by the plaintiff as was apparent from the and decree which also showed that the allegations levelled in the present suit were also taken as defence by the plaintiff in the other suit---Court which passed the and decree in the other suit filed by the Bank did not consider the said defence of the plaintiff worthy of merit and accordingly dismissed the application for leave to defend filed by the plaintiff---Validity---Fact that a decree was passed against the plaintiff in the suit of the Bank was not disputed---Certified copy of the and decree passed in the said suit of the Bank was brought on record through the application for rejection of plaint---Court could, therefore, take notice of the said and decree in favour of the Bank and against the plaintiff---By virtue of the said decree, the present suit of the plaintiff had become barred under the principle of 'res judicata'---Application of the Bank was allowed and the plaint was rejected in terms of O.VII, R.11, C.P.C. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 10---Civil Procedure Code (V of 1908), O.VII, R.11 & O.XX, R.16---Suit for rendition of accounts along with ancillary reliefs for seeking appointment of Chartered Accountant and declaration---Maintainability---Contractual relationship between the parties---Effect---Rejection of…

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