Law: Civil Procedure Code (V of 1908)

Section: 11,R.2,O.11,R.2,C.P.C

Law: Civil Procedure Code (V of 1908)

Section: 11,R.2,O.11,R.2,C.P.C

(a) Civil Procedure Code (V of 1908)------O.11, R.2---Bar of suit---Leave to appeal was granted to examine whether the third suit instituted by plaintiff was barred by 0.11, R.2, C.P.C. (b) Civil Procedure Code (V of 1908)--- ---O.XLI, R.23---Remand of case---Effect---Where a remand was confined to only a specified issue, other issues which had been decided by the Appellate Court earlier, could not be re-opened subsequently. Aziz Ahmad and others v. Mst.Hajran Bibi and'another 1987 SCMR 527; Amir Din Shahab Din v. Shiv Dev Singh Jhanda Singh AIR 1947 Lah. 102; Abdul Hakim and 2 others v. Saadullah Khan and 2 others PLD 1970 SC 63; Haji Muhammad Saifullah Khan v. The Federal of Pakistan and others 1989 SCMR 22 and M.K.Abbasi v. United Bank Ltd. 1983 C L C 482 ref. (c) Civil Procedure Code (V of 1908)--- ---S.11 & 0.11, R.2---Res judicata, finding of--While examining question of res judicata, if the bar of 0.11, R.2, C.P.C. appears on the surface convincingly, Court cannot refuse to record a finding and give effect to it, because of issue being of res judicata. (d) Civil Procedure Code (V of 1908)--- ---O.IX, R.8 & O.11, R.2---Institution of fresh suit in the presence of pending suit---Legality---Plaintiff filing three suits on different. causes of action--­Competency---Institution of third suit while the first one was pending, on fresh grounds that became available during its pendency and continuance of second suit even after the dismissal of first suit, under O.IX, R.8, C.P.C. could not on any ground be objected to when causes of action were different--High Court's view that plaintif ought to have amended the plaint and incorporated the subsequent causes of action and relief in the first suit, was at the best an option open to the plaintiff and thus he could not be penalized for not availing it and adopting the other course of restricting in the third suit, the controversy to the causes of action arising after the institution of first suit---Third suit thus, on no principle could be held to be barred. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted to one of the plaintiffs to examine whether his third suit (No.479/1 of 1971) instituted on…

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