Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,O.XVII,R.3S.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,O.XVII,R.3S.11

Law: Rent Restriction Ordinance 1959

Section: 13(2)(3),14

(a) Civil Procedure Code (V of 1908)-------S. 11---Res judicata, principles of---Applicability---Essential ingredients.The rule of res judicata is a rule of universal law, the crux of the said rule is that there should be an end to litigation. For attracting the rule of res judicata, it is necessary that there should be final rendered by a court of competent jurisdiction as it is the merits which finally settle the rights of parties. The principle of res judicata is that the cause of action in the suit merges in the and as such second suit on the same cause of action could not be brought before the court again for determination. The basic rule thus is that there should be an end of litigation between the parties concerned. The rule shows that dispute should be heard and finally decided. This means the litigation with respect to cause of action should be finally decided, thus it is clear that for applying the rule of res judicata, the following ingredients should be present:--- (1) Forum or the competence of court of law. (2) Parties and their representatives. (3) Matter in issue. (4) Matter which sought have been made ground for defence or attack in the former suit or (5) The final decision. The most important words used in section 11 are "finally decided". (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13 & 15---Civil Procedure Code (V of 1908), O.XVII, R.3---Ejectment petition---Dismissal of ejectment petition for failure of landlord to produce evidence by applying provision of O.XVII, R.3, C.P.C.---Validity---Rent Controller in his discretion, if thought proper for regulating rent proceedings, could adopt procedure of C.P.C., which otherwise was not applicable thereto---Provisions of O.XVII, R.3, C.P.C. being not available to Rent Controller, order of dismissal of ejectment petition passed thereunder would not become appealable under C.P.C. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13 & 14---Civil Procedure Code (V of 1908), O.VII, R.11 & O.XVII, R.3---Ejectment petition---Grounds of default in payment of rent by tenant for 18 months and personal need of premises by landlord---Denial of…

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