Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 11,96,104,1

(a) Civil Procedure Code (V of 1908)--- ----S.11----Suit for declaration and permanent injunction---Res judicata, principle of---Applicability---Defendants moved application for dismissal of suit under S.11, C.P.C. which was accepted---Validity---Earlier suit with regard to same subject matter had been decided by the competent Court of jurisdiction---Parties in the suit were also same---Parties should not be vexed twice on the matter decided earlier---Where matter had been decided in the earlier suit between the same parties then it could not be allowed to be reopened again---Revision was dismissed, in circumstances. Muhammad Saleem v. Rasheed Ahmed 2004 SCMR 1144 rel. (b) Civil Procedure Code (V of 1908)--- ----Ss.96 & 104 & O.XLIII, R.1---Appeal---Competence---Where order was passed with the direction to draw decree sheet then appeal was competent under S.96, C.P.C. and where decree sheet had not been drawn then appeal would lie under S.104 & O.XLIII, R.1, C.P.C THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, J:---.--- This order shall dispose of Civil Revision Petition No. 285/2016, which is directed against the order and decree dated 03.06.2016 (impugned order and decree) passed by the Qazi-II, Khuzdar ("trial court") whereby an application under Section 11, C.P.C. filed by the respondent No. 1 was accepted and the suit filed by the petitioner/plaintiff was rejected. 2. Brief facts of the case are that the petitioner filed a "Suit for Declaration, correction of entries, cancellation of mutation entries and Permanent Injunction" against the respondents before the trial court. The respondents Nos. 13 to 15 on receipt of notices, filed a written statement and contested the suit on factual as well as legal objections while the respondents Nos.1 to 12 filed an application under section 11, C.P.C. for dismissal of the suit. In rebuttal the plaintiff filed rejoinder to the application. The trial court after hearing both the parties on application under section 11, C.P.C. and finally rejected the suit by accepting the application vide impugned order and decree. Hence this petition. 3. Learned counsel for the petitioner stated that the trial court…

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