Law: Civil Procedure Code (V of 1908)

Section: 10 , 11

  Civil Procedure Code (V of 1908)--- ----Ss.10 & 11---Res judicata, principles of---Applicability---Pending previously filed suit, another suit was filed by plaintiff with regard to same cause of action and that subsequently filed suit was finally decided prior to previously filed suit---Finding in suit subsequently filed, would operate as res judicata qua previously filed suit in case defendant had failed to raise objection under S. 10, C.P.C. to subsequently filed suit and getting same stayed. Civil Procedure Code (V of 1908)--- ----S.100---Second appeal---Remand of case---Respondent contended that since Appellate Court below had accepted appeal against judgment of Trial Court on technical grounds and dismissed suit without recording finding on merits on issue involved in case, case should have been remanded for disposal of appeal on merits---Held. evidence on issue involved in case, which had been left undecided by Appellate Court below, having been produced by parties, issue could be decided by High Court in second appeal after considering evidence of parties already recorded to examine correctness or otherwise of finding recorded by Trial Court on that issue---Court, however, declined to remand case in interest of justice as that course would have the effect of throwing party to further litigation on matter pending since long. Ch. A. Waheed Saleem for Appellant. Muhammad Iqbal for Respondents. Date of hearing: 31st March, 1993. JUDGMENT The legal representatives of Hafiz Muhammad Ali deceased plaintiff filed appeal against the judgment and decree dated 13-2-1982 passed by the learned Addl. District Judge, Jhang through which in appeal filed by the respondent, the judgment and decree dated 4-10-1981 passed by the trial Court, decreeing. his suit in his favour was set aside and suit dismissed. Hafiz Muhammad Ali deceased who was a Contracting Treasurer, Jhang, filed suit for recovery of Defence Savings Certificates valuing Rs.20,000 which he deposited with the respondent as security for due performance of agreement executed between the parties (Exh. Pl). According to the terms of this agreement these Defence Saving Certificates were to be returned…