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Latest Judgments (All Jurisdictions within Pakistan)
MUHAMMAD SAFDAR SATTI SUB RETD MUHAMMAD HAFEEZ VS MST AASIA KHATOON THE STATE
Summary: Summary pending.
MUHAMMAD SAFDAR SATTI VS MST AASIA KHATOON
Summary: Summary pending.
Haji MIR ALAM SHAH through Legal Representatives Versus ADAM KHAN and 16 others
Summary: PLJ 2004 Peshawar 194 (DB) Present TALAAT QAYYUM QURESHI AND MUHAMMAD QAIM JAN KHAN JJ Haji MIR ALAM SHAH through Legal Representatives - Petitioners versus ADAM KHAN and 16 others - Respondents WP No 1264 of 2002 decided on 2812004 (i) Civil Procedure Code 1908 (V of 1908) - - OXXIII R 1 - Earlier suit on the same subject matter between the same parties was withdrawn without seeking permission to file fresh suit on same subject - matter - Subsequent suit on the same subject - matter between the same parties would be neither competent nor maintainable [P 197] A (ii) Civil Procedure Code 1908 (V of 1908) - - OII R 2 - Omission of part of claim in earlier suit - Effect - Plaintiff has to include whole of his claim to which he was entitled in every suit filed by him - Once any claim was omittedrelinquished he could not sue in respect of relinquished claim in terms of OII R 2 GPC [P 197] B (iii) Civil Procedure Code 1908 (V of 1908) - OVII R 11 OXXIII R 1 OII R 2 S 11 - Constitution of Pakistan (1973) Art 199 - Rejection of plaint in terms of OVII R 11 CPC - Trial Court rejected defendants such application while Appellate Court accepted application for rejection of plaint and rejected the same - Legality - Rejection of plaint was sought on the ground that earlier suit was withdrawn by plaintiff without seeking permission to file fresh suit and that the same was also hit by the principles involved in OII R 2 OXXIII R 1 CPC - Such application could be decided after framing issues and leading of evidence - Order of trial Court rejecting application of defendant was restored while that of Appellate Court accepting such application and rejecting plaint was reversed [P 197] C 2003 SCMR 1284 1996 MLD 1409 1999 YLR 991 2000 CLC 1524 2001 MLD 440 2001 YLR 736 2002 SCMR 338 PLD 2001 SC 325 and PLD 1983 Pesh 100 ref Mr Jan Muhammad Khan Advocate for Petitioners Miss Nusrat Yasmin Advocate for RespondentsJudgement Result:Case remanded.
TARIQ MASIH VS THE STATE
Summary: Summary pending.
MUHAMMAD ANWAR KHAN VS HABIB BANK LTD
Summary: Summary pending.
MAHR ANWAR ALI VS DCO JAHNG
Summary: Summary pending.
SAJ AN VS THE STATE
Summary: Summary pending.
MASOOD ASGHAR VS TOWN COMMITTEE LIAQUATPUR
Summary: Summary pending.
HAJI ABID HUSSAIN VS THE STATE
Summary: Summary pending.
HAJI MAQBOOL AHMAD VS DEPUTY DIRECTOR FOOD
Summary: Summary pending.