Case Details

Citation(s)
1988 SLG 2732 1988 SLD 2732 1988 SCMR 1674
Supreme Court of Pakistan
Civil Petition No. 16 of 1981, decided on 4th July, 1988. (From the judgment Dated 29-9-1980 of the Lahore High Court, Lahore, in R.R.982 of 1977). Date of hearing: 4th July, 1988.
GHULAM MUJADDID MIRZA AND SAAD SAOOD JAN, JJ

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Messrs MUHAMMAD SHARIF CHIRAGH DIN and others

VS

PAKISTAN through Secretary Defence, IslamabaD---Respondent

Law: Civil Procedure Code (V of 1908)

Section: 10

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--   ---S.10--Constitution of Pakistan (1973), Art. 185(3)--Counter-suits between same parties--Stay of proceedings--Petitioners filing suit for declaration that they had not entered into a contract with respondent-­During pendency of said suit respondent instituting suit for recovery of damages on account of petitioners failure to abide by alleged contract--Petitioners application for stay of proceedings in subsequent suit rejected by Trial Court and order upheld in revision--No case for interference by Supreme Court with the order of High Court having been made out, leave to appeal refused. ORDER SAAD SAOOD JAN, J.--The petitioners filed a suit for a declaration inter alia to the effect that they had not entered into any contract with the respondent for the supply of fresh vegetables and onions to the latter. While this suit was pending, the respondent…
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