Law: Specific Relief Act, 1877

Section: 8

Law: Civil Procedure Code (V of 1908)

Section: 11,O.VII,Rr.11,13

Specific Relief Act (I of 1877)--- ----S. 8---Civil Procedure Code (V of 1908), S.11, O.VII, Rr.11 & 13---Second suit---Principles of res judicata---Applicability---Earlier suit was decreed in favour of plaintiff but due to non-deposit of deficient court fee, the plaint was rejected---Plaintiff filed second suit on the same cause of action but all the courts below dismissed the suit being hit by principles of res judicata---Validity---Courts below did not advert to O.VII, R.13 C.P.C. wherein it was evident that rejection of plaint did not preclude presentation of fresh plaint---Such plaint was not liable to be dismissed on the principle of res judicata regarding filing a fresh suit on the same cause of action---Rejection of plaint was not an adjudication on merits and it was a decree only by fiction, therefore, there was no bar to file fresh suit---Judgments and decrees passed by the Courts below were set aside and case was remanded to Trial Court to decide the same afresh on merits after framing of proper issues in view of pleadings of parties strictly in accordance with law---Appeal was allowed. Sakhi Muhammad's case PLD 1992 SC 256; Abdul Satar's case 1995 MLD 1563; Munawwar Hussain's case 2001 YLR 1241; Mian Khan's case 1989 SCMR 58; Mst. Kaneez Fatima's case PLD 1973 Lah. 495; Abdul Majid's case 1984 CLC 2392; Abdul Majeed's case 1993 SCMR 1686 and Sher Muhammad's case 1984 CLC 3292 rel. (b) Interpretation of statutes--- ----Statute must be read as an organic whole. Mian Nawaz Sharif's case PLD 1993 SC 473 and Mst. Iqbal Begum's case PLD 1993 Lah. 183 rel. (c) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Rejection of plaint was not an adjudication on merits and it was decree only by fiction. JUDGMENT CH. IJAZ AHMED, J.--- Necessary facts out of which the present appeal arises are that appellants filed a suit for ejectment/ possession in the Court of Civil Judge, Jhang on 17-10-1972 on the ground that Plot in question No.79/11/M situated in Basti Atawali, Jhang was purchased by one Muhammad Rafique through an auction held by the Settlement Department and PTD was issued in his favour. Appellant purchased the plot in question from Muhammad…

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