| Citation(s) |
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| 2026 SLG 1222 2026 SLD 1222 = 2026 PHC 1012 |
Peshawar High Court
C.R. No. 68-P/2022
MUHAMMAD IJAZ KHAN, J.
10.12.2025. Presented By: Mr. Amjad Hassan Tanoli, Advocate for the petitioners. M/S Asad Nabi and Tajdar Faisal Khan, Advocates for the respondents.
C.R. No. 68-P/2022
MUHAMMAD IJAZ KHAN, J.
10.12.2025. Presented By: Mr. Amjad Hassan Tanoli, Advocate for the petitioners. M/S Asad Nabi and Tajdar Faisal Khan, Advocates for the respondents.
Asfand Yar Khan and another … Petitioners
VERSUS
Mardan Shah and others … Respondents
Law: Code Of Civil Procedure, 1908.
Section: Order VII Rule 11,Order II Rule 2,11,2(2),Order XI
Law: Limitation Act, 1908
Section: 120
Law: Specific Relief Act, 1877
Section: 42
SUMMARY
i. Where a decree has been passed with respect to a particular subject matter (plot), then any subsequent suit with respect to the same subject matter (plot) would not be maintainable unless and until the earlier decree is set aside through filing of a 12(2) petition.
ii. Where a plaint filed by a party has been rejected under Order VII Rule 11 CPC, and when that order has attained finality, then any subsequent suit with respect to the same subject matter and on the same cause of action would not be maintainable.
iii. Where a party had filed successive suits with respect to a particular subject matter, and when such facts have not been disclosed in the contents of the suit last in the chain, then such lastly filed suit would not be maintainable even for the concealment of such facts qua the filing of the earlier suits.
iv. A party to the suit is required to include all reliefs and claims with respect to a subject matter and against a person or set of persons in a suit and as such, if any relief or claim is omitted, then such party would not be entitled to bring a subsequent suit with respect to the omitted claim/relief.
v. A suit for declaration and a suit for specific performance could not be filed simultaneously as both these kinds of suits are mutually irreconcilable, as a suit for declaration could only be filed for declaring pre-existing rights which have been denied by a party, and the same could not be filed for creating a right, whereas a suit for specific performance is filed to seek direction from the Court to ask a party to perform his part of obligation.
i. Where a decree has been passed with respect to a particular subject matter (plot), then any subsequent suit with respect to the same subject matter (plot) would not be maintainable unless and until the earlier decree is set aside through filing of a 12(2) petition.
ii. Where a plaint filed by a party has been rejected under Order VII Rule 11 CPC, and when that order has attained finality, then any subsequent suit with respect to the same subject matter and on the same cause of action would not be maintainable.
iii. Where a party had filed successive suits with respect to a particular subject matter, and when such facts have not been disclosed in the contents of the suit last in the chain, then such lastly filed suit would not be maintainable even for the concealment of such facts qua the filing of the earlier suits.
iv. A party to the suit is required to include all reliefs and claims with respect to a subject matter and against a person or set of persons in a suit and as such, if any relief or claim is omitted, then such party would not be entitled to bring a subsequent suit with respect to the omitted claim/relief.
v. A suit for declaration and a suit for specific performance could not be filed simultaneously as both these kinds of suits are mutually irreconcilable, as a suit for declaration could only be filed for declaring pre-existing rights which have been denied by a party, and the same could not be filed for creating a right, whereas a suit for specific performance is filed to seek direction from the Court to ask a party to perform his part of obligation.
JUDGMENT
Through this Civil Revision Petition, the petitioners have challenged the judgment and decree dated 15.12.2021 passed by the learned Additional District Judge-VIII, Peshawar, whereby the appeal of the respondent/plaintiff was allowed and the order dated 28.06.2021 of the learned trial court rejecting the plaint under Order VII Rule 11 CPC was set aside, and the case was remanded for fresh decision.
1. BRIEF FACTS
The respondent/plaintiff filed a suit for: