Law:

Section:

Civil Procedure Code (V of 1908)--- ----Ss.10 & 151---Suit for rendition of accounts, recovery of loss of business, reputation and for withholding of money---Contract for supply of poultry feed---Short-supply of feed by defendant to plaintiff---Defendant denying plaintiff's claim not only claimed in written statement amount outstanding against plaintiff for supplied feed and profit thereon, but filed 'suit for recovery thereof---Plaintiff's application seeking stay of defendant's suit for being filed subsequently---Trial Court dismissed application and consolidated both suits while treating plaintiff's suit as leading suit---Validity---Parties in both suits being same were claiming against each other in respect of same business transaction, but relief asked in their respective suits were not substantially same---Relief asked for by defendant in his suit could not be granted in suit filed by plaintiff---High Court dismissed appeal in limine. Dr. Haider Ali Mithani v. Ishrat Swaleh, PLD 1999 Kar. 81 ref. The Mall, Lahore v. Government of Punjab and 4 others, 1991 SCMR 2324; Muhammad Yaqoob v. Behram Khan, 2006 SCMR 1262 and Karachi Water and Sewerage Board v. Messrs M.A. Majeed Khan and 2 others 2002 CLC 566 rel. ORDER KHILJI ARIF HUSSAIN, J.---Appellant aggrieved by the order dated 20-2-2008 whereby the learned single Judge instead of staying suit proceedings of Suit No. 562 of 2005 ordered to consolidate both suits i.e. Suit No. 562 of 2005 and 531 of 2004 to proceed the same together with to avoid conflict of opinion and further that suit No. 531 of 2004 will be leading suit, evidence will be recorded in the Suit. Appellant/ Plaintiff in Suit No. 513 of 2004 preferred this appeal. Brief facts to decide the listed appeal are that the appellant filed suit No. 531 of 2004 for accounts, perpetual injunction, appointment of receiver and recovery of Rs. Fourteen Million as compensation. It was alleged by the appellant in Memo of Plaint that there was business relationship between him and the respondent under which the respondent was agreed to supply raw materials of poultry feeds stuff to appellant for a period of three years from 1st July, 2002 to 30th June,…

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