Mst. ZULEKHA vs ALI MUHAMMAD S — 2022 MLD 1335 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 MLD 1335 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: MLD
Parties: Mst. ZULEKHA vs ALI MUHAMMAD S
Subject matter: Civil
Provisions referred to: S. 42---C; Civil Procedure Code (V of 1908)

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

Mst. ZULEKHA VS ALI MUHAMMAD S.42---Civil Procedure Code (V of 1908), O. II, R. 2---Suit for declaration---Suit to include the whole claim---Relinquishment of part of claim---Omission to sue for one of several reliefs---Scope---Plaintiff instituted a suit for declaration and possession claiming therein the property left by her brother, who had died issue-less---Validity---Prior to filing the present suit, the plaintiff in the year 1990 had preferred a suit for her share from the legacy of her father despite having knowledge regarding the issue-less death of her brother in the year 1989---Cause of action to file the suit for her share in the legacy of her brother had accrued to the plaintiff soon after the death of her brother---Plaintiff in her previous suit had not claimed her share in the legacy of her brother---As such provisions of O.II, R.2, C.P.C. were fully attracted in the suit---None was to be twice vexed on the same cause of action and there had to be an end to litigation---Even otherwise the brother of plaintiff had alienated his total share during his lifetime and the plaintiff had given wrong statement in respect of her legacy---Revision petition was dismissed.

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