Law: Civil Procedure Code (V of 1908)

Section: 10,11

(a) Civil Procedure Code (V of 1908)--- ----S. 10---Stay of suit---Scope---Where appeal of previous suit was pending for adjudication in the Appellate Court and the same had jurisdiction to grant the relief in appeal, High Court observed that in such situation it was mandatory upon the court trying the subsequent suit to stay proceedings under S. 10 of C.P.C. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Scope---Plain reading of O. VII, R. 11, C.P.C., shows that under this provision a suit can be rejected where suit does not disclose a cause of action, where the relief claimed is under-valued, where relief claimed is properly valued but plaint is insufficiently stamped, or where suit appears from the statement in the plaint to be barred by law---When the provisions of this rule are attracted, the suit cannot be dismissed but the plaint should be rejected. (c) Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata---Scope---Section 11 of C.P.C. provides that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between parties in a court of competent jurisdiction has been heard and finally decided---Section 11, C.P.C. does not bar the cognizance of suit but only prohibits the trial of the suit or issues. JUDGMENT RAJA SHAKEEL AHMED, J.---Arguments heard pro and contra. 2. The petitioners/defendants preferred the instant Civil Revision Petition before this Court against the judgment/order dated 05-11-2018 passed by the learned Additional District, Judge Skardu with the prayer that by accepting this revision petition, the impugned order/judgment dated 05-11-2018, passed by the Additional District and Sessions Judge Skardu, may kindly be set aside. 3. Brief facts of the case are that the present respondent/plaintiffs filed a Civil Suit No. 55/2016, against the present petitioners/defendants before the learned trial court for declaration and possession of land under Khasra Numbers fully described in the head note of plaint. The plaintiff/respondents also sought permanent injunction against the respondents not to change the nature of disputed property by means of sale,…

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