MOHAMMAD IQBAL vs MOHAMMAD HUSSAIN O — 2021 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: MOHAMMAD IQBAL vs MOHAMMAD HUSSAIN O
Subject matter: Civil
Provisions referred to: Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MOHAMMAD IQBAL VS MOHAMMAD HUSSAIN O.XXIII, R.1(3) & O.VII, R.11---Specific Relief act (I of 1877), Ss.42, 12 & 54---Suit for declaration, possession and permanent injunction---Institution of second suit when previous suit was withdrawn unconditionally---Rejection of plaint of subsequent suit---Scope---Held, that when there was total withdrawal of the suit then such suit was dismissed as withdrawn and was finally disposed of, bringing an end to the litigation under O.XXIII, R.1(3) of Civil Procedure Code, 1908---No subsequent suit (for declaration, possession and permanent injunction) in respect of same cause of action, between the same parties, could be filed---No illegality or irregularity was found in the impugned order passed by the appellate Court rejecting the plaint of second suit filed by the plaintiff---Constitutional petition was dismissed, in circumstance.

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