Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 54---Civil Procedure Code (V of 1908), O. VII, Rr.11, 13 & S.11---Suit for perpetual injunction---Rejection of plaint---Trial Court and Appellate Court had concurrently rejected plaint---Earlier, the suit filed by the plaintiffs was rejected by the Trial Court under O. VII, R.11, C.P.C. and appeal filed by the plaintiff thereagainst was dismissed as withdrawn---Plaint in the said earlier suit was rejected under O. VII, R.11, C.P.C. on two grounds; firstly that plaintiffs had got no cause of action and secondly the plaintiffs had not obtained permission from Advocate-General as required under S.92, C.P.C--Earlier suit was finally decided between the parties by the courts of competent jurisdiction and the plaintiffs had instituted subsequent suit against the defendants regarding the same property, and on the same cause of action---Fresh plaint, even if permissible after rejection of plaint by the Trial Court, could not be presented after the decree had been appealed against and suit withdrawn unconditionally---Trial Court's order was merged in the Appellate Court's order and fresh suit could not enable the plaintiff to wipe out its effect---Both the courts below had rightly rejected the plaint under O. VII, R.11. C.P.C. being hit by the principle of res judicata. 2007 SCMR 945; 1989 SCMR 58; PLD 1992 SC 256; 1993 SCMR 1686 and Muhammad Ali and others v. Province of Punjab and others 2009 SCMR 1079 ref. JUDGMENT MIAN FASIH-UL-MULK, J.---Through the instant revision petition, the petitioners have called in question the validity of judgment and decree dated 11-6-2010 passed by learned Additional District Judge-I, Abbottabad and judgment and decree of learned Civil Judge-VI; Abbottabad dated 29-3-2010. 2. Petitioners filed a suit for issuance of perpetual injunction after obtaining the requisite permission from Advocate-General under section 92 of the Code of Civil Procedure against the respondents for restraining them from interfering into the property belonging to the petitioners. Respondents Nos. 1 and 2 contested the suit by filing written statement and filed application for rejection of plaint under Order VII rule…

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