Case Details

Citation(s)
2006 SLG 3080 2006 SLD 3080 2006 PLD 593
Sindh High Court
Suit No. 1040 of 2002, decided on 26th June, 2006
NADEEM AZHAR SIDDIQI, J
Khawaja Shams-ul-Islam for Plaintiffs. Asim Mansoor Khan for Defendant No. 1. Muqeem Alam for Defendant No. 2. Arshad Iqbal for Defendant No. 4. Ashiq Ali Anwar Rana for Evacuee Trust Property Board.

Messrs IMPERIAL BUILDERS through Managing Partner and another--Plaintiffs

VS

LINES (PVT.) LIMITED through Chief Executive and 3 others----Defendants

Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. II, Rr. 2(1) & 3(1)---Joinder of two causes of action in one suit---Such suit not barred by O.II, R.2, C.P.C. (b) Civil Procedure Code (V of 1908)--- ----O. II, R.3(1)---Joinder of two causes of action in one suit by two plaintiffs---Essential conditions---Plaintiffs must be jointly interested in causes of action---Right to relief claimed by plaintiffs must be in respect of or arising out of same act or transaction---Plaintiffs must not be independently liable to defendant---Some common link, must exist connecting plaintiffs in causes of action. (c) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O.VII, R.11(c)---Court Fees Act (VII of 1870), S.17---Suit by two plaintiffs for specific performance of two independent agreements to sell relating to separate properties---Rejection of plaint for being insufficiently stamped---Scope---Both agreements did not arise out of same act and transaction---Both plaintiffs had no link with each other in transaction---In case of combining in one suit two or more distinct subjects or causes of action, then each claim on basis of cause of action would be valued separately and requisite court-fee would be paid thereon---Plaint contained two independent reliefs in respect of two independent agreements in respect of separate land, on which court-fee was payable separately---Court-fee already paid on plaint being payable on suit for specific performance of one agreement---Plaint written upon paper insufficiently stamped could not be straight away rejected-Court directed plaintiff to further deposit requisite court-fee within specified time. (d) Court Fees Act (VII of 1870)--- ----S. 17---Multifarious causes of action joined in one suit---Court-fee, determination of---Each claim, on basis of cause of action, would be valued separately and requisite court-fee would be paid thereon. (e) Civil Procedure Code (V of 1908)--- ----O. II, Rr.3(1), 6 & O.VII, R.11(c)---Court Fees Act (VII of 1870), S.17---Joinder of two distinct and separate causes of action based on two distinct subjects---Court-fee already paid on plaint payable on one relief based on one…
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