Syed MUHAMMAD ILYAS vs Syed MUHAMMAD SHAFI O — 2021 CLC 187 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 187 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: Syed MUHAMMAD ILYAS vs Syed MUHAMMAD SHAFI O
Subject matter: Civil
Provisions referred to: S. 32---S; S. 42---S; S. 11

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

Syed MUHAMMAD ILYAS VS Syed MUHAMMAD SHAFI O.VII, R.11; O.II, R.2; Ss.11 & 12(1)---arbitration act (X of 1940), S. 32---Specific Relief act (I of 1877), S.42---Suit for declaration and possession though partition---Earlier suit was dismissed---Constructive res judicata, principle of---applicability---Second suit on same cause of action---Plaint, rejection of---Trial Court dismissed the suit under S.11 and O.II, R.2 of C.P.C.---Validity---Earlier suit for partition filed by the plaintiff against the defendants had been dismissed---arbitration proceedings initiated for making the award a rule of Court with regard to decision of arbitrator pertaining to the partition of suit property had also been dismissed---Nobody should be vexed twice for the same cause of action and there should be an end of litigation---Plaintiff was precluded to file present suit in circumstances---If plaintiff had not taken a particular ground of defence or attack in the earlier suit then principle of constructive res judicata would be applicable---Plaintiff could not split the cause of action by filing subsequent suit with regard to same subject matter---Order II, R. 2 of C.P.C. barred a plaintiff, who had earlier claimed certain relief, from filing second suit with regard to other relief based on same cause of action---Second suit could be filed on different cause of action---Constructive res judicata was applicable in the case as earlier suit filed by the plaintiff on same cause of action for partition of suit property had been dismissed---appeal was dismissed, in circumstances.

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