Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0. VII, R.11---Rejection of plaint---Failure to make up deficiency in the court-fee---Where an opportunity was allowed at the preliminary stage but plaintiff failed to make up such deficiency the plaint would be rejected. (b) Civil Procedure Code (V of 1908)--- ---S. 2(2) &. O.VII, RAI ---Decree, conditional---Failure on the part of decree-holder to fulfil condition---Effect---Rejection of plaint---Where on the completion of trial conditional decree was passed, failure on the part of the decree-holder to fulfil condition so imposed would result in dismissal, of the suit and words "rejection of plaint" would convey the same meaning. Muhammad Nasurllah Khan v. M. Ajaz Khan PLD 1975 Lah. 886 ref. (c) Civil Procedure Code (V of 1908)--- --Ss. 11 & 115---Res judicata, principle of- --Applicability- Earlier suit on the same cause of action between the same I3arties was decreed 'conditionally in favour of the plaintiff---Suit was dismissed due to non-fulfilment of condition imposed in the decree---Fresh suit on the same cause of action was filed by plaintiff which was dismissed by both the Courts below applying the principle of res judicata---Validity---Principle of res judicata operated both ways positively as well as negatively, and the result or outcome of the previous decision for or against a party to the lis was not material---Principle of res judicata covered not only the parties but also the Courts as the principle enjoined upon them not to try a suit in the conditions given in S.11, C.P.C.---Where all the necessary qualifications of the principle of res judicata were fully answered, no case for an interference was made out---Revision was dismissed in circumstances. Ram Singh v. Nodh Singh (Punjab Record) May, 1879, p.241; Mst. Maina Bibi and others v. Valil Ahmed and others AIR 1925 PC 63 and Mst. Nawasi Begum and another y Mt. Diffafroz Begum AIR 1927 All. 39 distinguished. Asif Ali v. Muhammad Siddiq 1984 CLC 439; Muhammad Anwar v. Messrs Associated Trading Co. Ltd. PLD 1995 Kar. 214; Ilam Din and others v. Abdul Hamid and others 1980 CLC 807; National Bank of Pakistan v. Malaka Pukhraj and others PLD 1975…

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