Case Details

Citation(s)
1983 SLG 218 1983 SLD 218 1983 SCMR 1022
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 601 of 1982, decision dated: 9th February 1983.(On appeal from the judgment and order of the Lahore High Court, dated 27 4 1982, in C. R. 612 D/81)
MUHAMMAD AFZAL ZULLAH AND SHAFIUR RAHMAN, JJ
Sh. Masud Akhtar, Advocate on-Record for Petitioner.
Respondents 4 in person

SH. MANZOORUL HAQ

VS

BEGUM TASLEEM RIAZ HAMDANI AND OTHERS

Law:

Section:

Constitution of Pakistan (1973)------Art. 185 (3) read with Civil Procedure Code (V of 1908), O. VII, r. II Rejection of plaint Order of trial Court rejecting plaint of subsequent suit on ground that an earlier suit of same nature had con¬cluded under O. VII, r. II, C. P. C. Held, unexceptionable. ORDER MUHAMMAD AFZAL ZULLAH. J. Leave to appeal has been sought from the order, dated 27 4 1982 of Lahore High Court : whereby a civil revision petition was dismissed in limine. Learned counsel states that the petitioner had withdrawn a suit, filed against the respondents Nos. 1 and 2 for specific performance of a contract of sale (on misrepresentation of facts by them). His subsequent suit for the same purpose failed on account of the rejection of the plaint under Order VII. rule 11, C. P. C. This rejection was disapproved by the appellate Court and the case was remanded. But the High Court later on restored the order of rejection. The petitioner's effect to seek review from the High Court also failed. Seeing no other alternation left, learned counsel further explained, the petitioner filed a fresh suit for the same relief, but, again he had failed on the ground that the petitioner had earlier failed upto the High Court. It has been contended that, subject to the last suit being within limitation and other necessary conditions regarding court fee having…
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