Law:

Section:

Civil Procedure Code (V of 1908)-------OXXIII, R. 1(3)---Withdrawal of earlier suit unconditionally---Subsequent suit filed by plaintiffs on identical cause of action---Maintainability---Cause of action in subsequent suit was continuation of cause of action in earlier suit--­Plaintiffs in earlier suit had alleged that defendants had forcibly stopped them from working and visiting Salt-Pans where they were working for decades--­Plaintiffs after withdrawal of that suit filed subsequent suit wherein they alleged the same cause of action against the same defendants---Subsequent suit was, thus, hit by the provision of OXXIII, R. 1(3), C.P.C. and was, therefore, barred---Suit was dismissed in circumstances. ORDER The plaintiffs have filed this suit for declaration and perpetual injunction. Their case is that the said two plaintiffs and numerous other persons have been in lawful possession of over 130 Salt-Pans in Maripur, Karachi since 1925 under automatically renewal currently in force which are heritable grants from the Government of Sindh and were originally made to their ancestors. It is their case that on 7-3-1992 the defendants and their agents/servants suddenly attacked the plaintiffs and their fellow grantees in their Salt-Pans in a bid to oust them, which attack was resisted whereupon the police force arrived there and arrested several persons from both the sides who were ultimately released on bail by Illaqa Magistrate on 8-3-1992. The defendants then on 14-3-1992 filed Suit No. 217 of 1992 against the plaintiffs and others for damages amounting to Rs.45,000 and injunction, which is pending in the Court of II Senior Civil Judge, Karachi (West). Copy of the said suit has been attached to the present plaint. The plaintiffs, therefore, filed the present suit for the following reliefs: (i) A declaration that the plaintiffs and their fellow grantees are lawfully in possession of over 130 Salt-Pans off Maripur Road, Karachi. (ii) A perpetual injunction restraining the defendants, their agents, servants and others acting on their behalf from in any way interfering with the plaintiffs and their fellow grantees' possession or peaceful activities and enjoyment of the…

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