Law:

Section:

(a) Administration of justice-----Repetitive frivolous and fraudulent litigation after final adjudication of matter---Duty of court to take effective measures against obstinate litigants and their lawyers in such cases---Principles. There is a growing tendency that even after final adjudication of the matter; parties indulge in abuse of the process of law by way of frivolous, repetitive and fraudulent litigation. An onerous duty is cast on those charged with the difficult task of administering justice to take effective measures against the obstinate litigants and their lawyers. Bashir Ahmed v. Abdul Hameed 1984 SCMR 689; Abdul Hayee v. Sardar Muhammad 1984 SCMR 1149 and Jaliluddin v. H.B.L. and others 1985 SCMR 1965 rel. Per Zahid Hussain, J contra. [Minority view] (b) Specific Relief Act (I of 1877)--- ----Ss. 8, 39, 42 & 54---Civil Procedure Code (V of 1908), O. VII, R.11---Suit for declaration, possession, injunction and cancellation of fresh sale agreement---Dismissal of previous/first suit based on another agreement upheld upto Supreme Court---Rejection of plaint in second suit, application for---Defendant's plea was that plaintiff in second suit and earlier suit was not same person; and that second suit was not maintainable in view of previous litigation on same subject---Validity---Cause of action in second suit was based on a fresh agreement---Questions requiring determination were as to whether second suit had any nexus with first suit, and whether plaintiff was same person, who had been contesting previous proceedings---Such questions being questions of fact could adequately be resolved by granting opportunity to parties of producing evidence after framing necessary issues. Jewan and 7 others v. Federation of Pakistan and 2 others 1994 SCMR 826 rel. (c) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Object of provisions of O. VII, R.11, C.P.C. being to curb false and frivolous litigation at initial stage---Principles. The prime object and purpose of establishment of courts is to dispense justice to the parties before it in accordance with law and discourage frivolous litigation. The philosophy behind the provisions of Order VII, Rule 11,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492