Law: Civil Procedure Code (V of 1908)

Section: O. VII, rr. 11, 13

Law: Specific Relief Act (I of 1877)

Section: 42

Law: West Pakistan Land Revenue Act, 1967

Section: 42

Law: Constitution of Pakistan, 1962

Section: 98

(a) Civil Procedure Code (V of 1908), O. VII, rr. 11 & 13 read with Specific Relief Act (I of 1877), S. 42-Plaint, rejection of Plaint rejected on ground of being hit by proviso to S. 42-Plaintiff' not precluded from filing fresh plaint to respect of same cause of action if not barred by limitation-Rejection of plaint and dismissal of suit distinguished. The rejection of a plaint is a decree only by fiction of law under clause (d) of section 2 of the Civil Procedure Code. There is no adjudication of the rights of the parties in such a case. The effect of rejection as distinguished from a dismissal is that in the former case. the plaintiff would not under Rule 13 be pre cluded from filing a fresh plaint in respect of the same cause of action if he so desires. The fresh suit is therefore, competent based on that cause of action provided it is not barred by limitation. In the case of rejection of plaint by virtue of Order VII, rule 13 the plaintiff is not precluded from bringing afresh suit on the same cause of action while in the case of dismissal this course is not open to him. The decision of the Court under Order VII, rule 11 rejecting the plaint is not on merits, because the suit in such a case virtually does not come before the Court for the dis posal on merits but falls out for the reason that preliminary steps to present the suit before the Court properly and effectively were not taken by the plaintiff. Firm Muni Lal Ram Chand v. Kalam Singh and another A I R 1943 Lah. 121 and Sawan Singh v. Surain Singh A I R 1927 Lah. 83 rel. (b) Civil Procedure Code (V of 1908), S.11 read with O. VII, r. 13-Res judicata-No adjudication made when plaint rejected -Suit dismissed on technical ground-Decision not finally granting or withholding relief sought - Principle of res judicata -- Not applicable. Since a fresh suit can be filed after the rejection of plaint, the principle of res judicata is manifestly not applicable as there is no adjudication in a case where plaint is rejected. The principle of res judicata cannot be pressed into service unless the matter had been heard and finally decided. In order to invoke the principle of res judicata it is necessary to…