Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: O.VIIR.11,O.IXR.9,O.XVIIR.3

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), O. VII R. 11, O. IX R. 9 & O.XVII R. 3--Application for rejection of plaint--Dismissed--Revision petition--Allowed--Plaint was rejected--Resjudicata--Contradictory pleas--If previous suit is dismissed under provisions of Order XVII Rule 3 C.P.C., subsequent suit on same cause of action will be barred in view of provisions of Order IX Rule 9, C.P.C Dismissal of earlier suit for want of evidence amounts to dismissal on merits, thus, second suit arising out of same cause of action ad praying same relief cannot be instituted--Plaint of subsequent suit is liable to be rejected as principle of res judicata is applicable in such situation--Learned counsel for petitioners has failed to point out any illegality, legal infirmity or jurisdictional defect in impugned , thus, no interference is warranted--Case law, cited by learned counsel for petitioners, on distinguishable facts, therefore, is not attracted--Petition was dismissed. PLD 1981 SC 474, 1997 SCMR 1796, 1999 SCMR 1633, PLD 2003 SC 484, 2015 MLD 1327 & AIR (31) 1944 Oudh 39, ref. THIS ORDER PASSED BY: MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE---.-- Through instant petition, petitioners have assailed judgment dated 7.1.2017, passed by learned Additional District Judge, Muzaffargarh, whereby plaint of their suit was rejected under Order VII Rule 11, CPC. 2. Brief facts of the case are that petitioners instituted a suit for declaration against respondents. Respondents No. 3 to 6 filed an application under Order VII Rule 11 CPC, seeking rejection of the plaint, which was contested by petitioner by filing written statement. Learned Trial Court, after hearing arguments of learned counsel for the parties, proceeded to dismiss the same vide order dated 6.5.2014. Feeling aggrieved, Respondents No. 3 to 6 filed revision petition before learned Additional District Judge, which was allowed, order passed by the learned Trial Court was set aside and plaint was rejected, vide judgment dated 07.01.2017. Hence, instant petition. 3. Learned counsel for petitioners submits that petitioners had not earlier filed any suit and any such suit…

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