Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Civil Procedure Code (V of 1908)--- ----O.VII, R.11, O.I, R.10 S.11---Res judicata---Dismissal of application for impleadment as party---Bar to fresh suit---Scope---Question before High Court was whether the dismissal of application under O.I, R.10, C.P.C., constituted res judicata and barred fresh suit---Held; application for impleadment filed by petitioner in the related suit was based on the documents appended with the application, in the fresh suit, was seeking performance of the agreement in his favour; no evidence as such was recorded on which the Court was to render its findings on the merit and demerit of the case of the petitioner---Findings given on the application were based on the documents, appended in related suit and did not constitute res judicata, barring the petitioner to file fresh suit---Constitutional petition was allowed, in circumstances and the application under O.VII, R.11, C.P.C., was dismissed. Punjab Board of Revenue Employees Cooperative Housing Society Limited v. Additional District Judge, Lahore and others 2003 SCMR 1284 and Haji Mir Alam Shah and others v. Adam Khan and others 2004 CLC 1100 ref. Fecto Belarus Tractor Ltd. v. Government of Pakistan through Finance Economic Affairs and others PLD 2005 SC 605; G.H. Hook v. Administrator General of Bengal and others AIR 1921 Privy Council 11; Mst. Rukhsana Tabassum Shaikh v. Kazim Imam Jan and others 2003 CLC 189 and Arjum Singh v. Mohindra Kumar and others AIR 1964 SC 993 rel. (b) Civil Procedure Code (V of 1908)--- ----S.11---Res judicata---Scope---Section 11, C.P.C. as such is not applicable to the applications. Gulistan Textile Mills Ltd. and another v. Soneri Bank Ltd. and another PLD 2018 SC 322 rel. (c) Civil Procedure Code (V of 1908)--- ----S.11 O. I, R. 10---Res judicata---Application for impleadment as party, dismissal of---Scope---Person who applied to be made a party but was refused was not bound by the decision in the suit. Kala Chand Banerjee v. Jagannath Marwari and another AIR 1927 Privy Council 108 rel. (d) Civil Procedure Code (V of 1908)--- ----S.11---Res judicata---Compromise decree---Scope---Party whose application for review of a compromise decree on the…

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