Law:

Section:

Civil Procedure Code W of 1908)-------O.VII, R.11, O.IX, R.9 & S.115---Earlier suit dismissed for non­prosecution---Petitioner instead of challenging same in terms of O.IX, R.9, C. P. C. filed suit on the same cause of action---Plaint of subsequent suit was rejected under O.VII, R.11 on the ground that subsequent suit on same cause of action as the earlier one, was not maintainable---Petitioner's appeal against rejection of plaint was also dismissed by Appellate Court---Validity---Proper course for petitioner was to make application under O.IX, R.9, C.P.C. to set aside dismissal on showing sufficient cause for non-appearance on specified date when suit was called for hearing---Petitioner failed to resort to such remedy but filed fresh suit on same cause of action which in terms of O.IX, R.9, C.P.C. was barred for the same had been based on the same cause of action and between the same parties---Order in question, was not shown to be either illegal or suffering from any irregularity amounting to illegality---Findings of two Courts below on question of O.IX, R.9, C.P.C. were legal and proper and called for no interference in revision---Order of rejection of, plaint was maintained in circumstances. JUDGMENT This is a Civil Revision Application under section 115, C.P.C. directed against the order dated 2-10-1991 passed in Civil Appeal No. 40 of 1989 Sikandar Ali and another v. Abdul Rahim and another whereby the appeal filed by the applicants was dismissed. The brief facts of the case are that the applicants filed a suit for declaration that order dated 19-7-1973 of transfer of Municipal Shop No.5/79 Pir Bukhari, Jacobabad passed by respondent No.2 was illegal, unlawful, ultra vires, mala fide, null and void and for permanent injunction restraining the respondent No. l from claiming the right of ownership over the said shop/hotel. The respondent No. l filed written statement wherein he stated that the said shop initially stood in the name of Muhammad Arif predecessor-in-interest of the applicants who passed on the said shop on receipt of Pagri amount from him and since then he was paying rent to the municipality add was lessee of the said shop by virtue of the…

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