Law: Civil Procedure Code (V of 1908)

Section: 10

Law: Specific Relief Act, 1877

Section: 8

Civil Procedure Code, 1908 (V of 1908)-- ----S. 10--Specific Relief Act, (I of 1877), S. 8--Suit for possession and recovery of mense profit--Filing of application for stay of proceedings-Pendency of CPLA regarding suit property in Apex Court--Dismissed--Suit instituted by petitioner was prior to respondents suit--Scope of--Challenge to--Principle of res sub-judice--Suit instituted by Petitioner No. 1 was prior in time and it is relatable to ‘suit property’ wherein respondent is also a partys, while invoking provisions of Section 10. ibid, though moved an application before Civil Judge seeking stay of proceedings but their application was declined--From perusal of record it clearly evinces that previous suit is not only interse same parties but subject matter was also same--Suit instituted by respondent was not proceedable in view of pendency of suit filed by Petitioner No--1 as same was not only relatable to ‘suit property’ but cause canvassed therein was having direct nexus and bearing to cause agitated in present suit--Both Courts below have misconstrued impact of Section 10 ‘CPC’ while rejecting application of petitioner and allowing suit to proceed further--Revision petition allowed. Civil Procedure Code, 1908 (V of 1908)-- ----S. 10--Primary objection--Section 10 of ‘CPC’ places an embargo upon Court to proceed with trial of a suit-in which matter in issue is also directly and substantially in issue in a previously instituted suit between same parties, or between parties under whom they or any of them claim litigating under same title where such suit is pending in same or any other Court in Pakistan having jurisdiction to grant relief claimed, or in any Court beyond limits of Pakistan established or continued by Central Government and having like jurisdiction, or before Supreme Court--Section 10 of ‘CPC’ is structured on principle of res sub-judice--Primary objection of Section 10 ‘CPC’ is to prevent Courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of same matters in issue. JUDGMENT: This petition under Section 115 of the Code of Civil Procedure (V of 1908) arises out of a…

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