Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Specific Relief Act, 1877

Section: 12

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of contract having been disposed of in terms of undertaking given by the defendants---Subsequent suit---Plaint, rejection of---Plaintiff had raised new and different cause of action in the fresh case---Defendant had not fulfilled his obligation as per his undertaking given in the earlier suit---Parties were at variance as compared to earlier litigation and such divergent questions could only be settled after framing of issues and examining of witnesses---Petition for rejection of plaint was dismissed in circumstances. 1993 MLD 2138; 2006 MLD 187 and 2011 CLD 523 ref. (b) Words and phrases--- ----"Compensation" and "damages"---Distinction. 'Compensation' and 'damages' are two distinct things and the same should not be commingled. Compensation is a word, which is merely used to express the award of monitory benefit to offset for an imponderable and intangible thing like mental agony and torture. On the other hand, 'damages' are an allowance for the injury caused by a wrongdoer. Compensation is amends for something which was taken without the owner's choice while damages are in respect of harm caused by a transgressor or malefactor. In a suit, it is not necessary, for the plaintiff to make a specific prayer for compensation, as the same comes under the discretion of court and the court may award compensation even without a prayer. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, J.--- By filing listed application under Order VII, Rule 11 of the Code of Civil Procedure (hereinafter referred as "C.P.C.") the defendant has questioned the entire suit filed by the plaintiff and prayed for its dismissal on the ground of res judicata. 2. For comprehension of the entire controversy between the parties, it will be appropriate to narrate the backdrop story of the present suit. The plaintiff responded to an advertisement of defendant and booked an apartment in their project namely 'Defence Regency' for a total price of Rs. 77,75,000/- including HBFC loan. He paid Rs. 33,18,000/- in instalments under receipt issued by the defendant. Subsequently, the…

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