Case Details

Citation(s)
2024 SLG 5781 2024 SLD 5781 = 2024 CLC 1468
Lahore High Court
F.A.O. No.72708 of 2023, decided on 18th April, 2024.
Before Sultan Tanvir Ahmad, J
Shehzada Muhammad Zeshan Mirza, Inam ul Haq Buttar and Ms. Yamna Baig for Appellant. Muhammad Shakeel Abid for
Respondent.

MUHAMMAD ZULFIQAR ALI----Appellant

VERSUS

RASHID MEHMOOD SIDHU----Respondent

Law: Civil Procedure Code (V of 1908)

Section: II,2,XXIII,1(3)

Law: Specific Relief Act, 1877

Section: I,54

Law: Intellectual Property Organization of Pakistan Act, 2012

Section: XXII,19

Civil Procedure Code (V of 1908)--- ----O.II, R.2, O.XXIII, R.1(3)---Specific Relief Act (I of 1877), S.54---Intellectual Property Organization of Pakistan Act (XXII of 2012), S. 19---Suit for injunction--Withdrawal of earlier suit---Bar contained in O.XXIII, R. 1(3), C.P.C.--Applicability---Appellant assailed order passed by Intellectual Property Tribunal, whereby it declared that filing of second suit was not hit by the bar contained in O.XXIII R.1(3), C.P.C.---Validity---One of the common principles engrafted in O. II, as well as O. XXIII, C.P.C. is that unless the Court is satisfied as to the reasons given in relevant rules of the two Orders, defendants should not be subjected to more than one suits for same cause---In O.II, R.2, C.P.C., the Legislature has used words where a plaintiff omits to sue shall not afterwards sue---Likewise, in O. II, R. 2, C.P.C. states that a person if entitled to more than one relief may sue for all or any of such relief, but if omits, except with the leave of the Court .he shall not afterwards sue for any relief so omitted---Word "afterwards", in O. II, R. 2 C.P.C. is not used with reference to decision of cases and is used with regard to the word "sue"---When pendency of earlier suit is disclosed, the Court can control the situation by taking an action, at the earliest---When it comes to the surface that filing of earlier suit is not disclosed in the subsequent suit, the Trial Courts are sufficiently empowered to curb and regulate such situation on account of nondisclosure of information---High Court declined to interfere in the order passed by Tribunal, which had adopted the correct approach in the matter---Appeal was dismissed, in circumstances. Trustees of the Port of Karachi v. Organization of Karachi Port Trust Workers and others 2013 SCMR 238; Ghulam Abbas and others v. Mohammad Shafi through LRs and others 2016 SCMR 1403; Shahbaz Khan v. Additional District Judge, Ferozewala and others 2017 SCMR 2005; Khawaja Bashir Ahmed and Sons (Pvt.) Ltd. v. Messrs Martrade Shipping and Transport and others PLD 2021 SC 373; Malik Ehsan Ullah and others v. Province of the Punjab and others PLJ 2021 Lahore 352; Nasir Ali v. Muhammad…
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