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ZIAUDDIN vs KHAN MUHAMMAD O — 2021 PLD 67 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PLD 67 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PLD
Parties
ZIAUDDIN vs KHAN MUHAMMAD O
Subject matter
Criminal
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

ZIAUDDIN VS KHAN MUHAMMAD O. II, R. 2---Specific Relief act (I of 1877), Ss. 12 & 54---Suit for possession, mense profit and permanent injunction--- Bar on further suit---Splitting of claim---Scope---Petitioner/plaintiff filed a suit in respect of legacy of his father which was decreed /acted upon, where after he filed civil suit again on the same subject-suit/cause of action, which was dismissed---Held, that under O. II, R.2 of the Civil Procedure Code, 1908, the splitting of claim was not permissible and all the claims based on same cause of action against the same party should be included in one suit---O. II, R. 2 of the C.P.C, 1908, was devised to prevent a party from splitting up its claim, and if the plaintiff omitted or relinquished any part of his right/entitlement, he was precluded from agitating the relinquished part of claim in subsequent suit---Suit of the petitioner was hit by the O. II, R.2, C.P.C.---No illegality or infirmity was found in the impugned findings of both the Courts below---Revision was dismissed, in circumstances.

Other judgments reported in 2021 PLD

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