Law: Civil Procedure Code (V of 1908)

Section: 10

(a) Civil Procedure Code (V of 1908)--- ----S.10---Stay of suit---Difference in cause of action---Scope---Plaintiffs filed a suit for declaration and cancellation regarding suit property---Defendants filed an application under O.VII, R.11, C.P.C.---Application filed by defendants was dismissed, however, the Trial Court stayed the suit till disposal of earlier suit filed before High Court of Sindh regarding suit property---Revisional Court remanded the case back to the Trial Court with direction to proceed with the case in accordance with law---Validity---Suit filed by plaintiffs in the High Court of Sindh was an administrative suit filed under the provisions of Succession Act, 1925---Cause of action of that suit was of distribution, partition and equal apportionment of legal shares between the legal heirs---Suit filed by plaintiffs before the Civil Court was a regular suit for immovable property and it was alleged that the property was illegally transferred through forged and fake power of attorney---Cause of action of the present suit was quite different from the suit pending before the High Court of Sindh---Constitutional petition was dismissed. (b) Civil Procedure Code (V of 1908)--- ----S.10---Stay of suit---Scope---Five conditions must be fulfilled in order to apply provisions of S. 10 of C.P.C., which are (i) the matter in issue in both the suits must be directly and substantially the same; (ii) the previously instituted suit must be pending in a court of competent jurisdiction; (iii) the court before which the previous suit is pending must be competent to grant the relief in the subsequent suit; (iv) both the suits must be between the same parties and (v) the parties must be litigating in both the suits under the same title. (c) Succession Act (XXXIX of 1925)--- ----S.278---Petition for letters of administration---Scope---Administration suit in view of the Succession Act, 1925 includes the collection of assets of deceased, the payment of debts and distribution of residue to persons beneficially entitled under the will of the testator or on his intestacy. JUDGMENT IQBAL AHMED KASI, J.----The instant Constitutional Petition filed under Article 199 of the…

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