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ATIF MEHMOOD KIYANI vs SUKH CHAYN PRIVATE LIMITED, ROYAL PLAZA, BLUE AREA, ISLAMABAD Ss — 2021 SCMR 1446 SUPREME-COURT

Case information

Citation
2021 SCMR 1446 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
ATIF MEHMOOD KIYANI vs SUKH CHAYN PRIVATE LIMITED, ROYAL PLAZA, BLUE AREA, ISLAMABAD Ss
Subject matter
Civil
Provisions referred to
S. 10; S. 151

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

ATIF MEHMOOD KIYANI VS SUKH CHAYN PRIVATE LIMITED, ROYAL PLAZA, BLUE AREA, ISLAMABAD Ss. 10 & 151---Stay of suit---Scope---For attracting the application of the provisions of S. 10 of the Code of Civil Procedure 1980 ("C.P.C."), the matter in issue or all the matters in issue, if there were more than one, must be directly and substantially the same---Where some of the matters in issue in the subsequent suits were same and some were not, then proceedings of that (subsequent) suit could not be stayed under S. 10, C.P.C.; however, in order to avoid any conflicting finding on the issues that were common in both the suits, the proceedings of both the suits may be consolidated by the court in exercise of its inherent power under S. 151, C.P.C., for securing ends of justice and preventing abuse of the process of the court.

Other judgments reported in 2021 SCMR

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