MUHAMMAD YASIN vs ADDITIONAL DISTRICT JUDGE-VII, WEST, ISLAMABAD O — 2022 MLD 186 ISLAMABAD

Case information

Citation: 2022 MLD 186 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD YASIN vs ADDITIONAL DISTRICT JUDGE-VII, WEST, ISLAMABAD O
Subject matter: Civil
Provisions referred to: S. 11---R

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

MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE-VII, WEST, ISLAMABAD O.VII, R.11, O.I, R.10 & S.11---Res judicata---Dismissal of application for impleadment as party---Bar to fresh suit---Scope---Question before High Court was whether the dismissal of application under O.I, R.10, C.P.C., constituted res judicata and barred fresh suit---Held; application for impleadment filed by petitioner in the related suit was based on the documents appended with the application---Petitioner, in the fresh suit, was seeking performance of the agreement in his favour; no evidence as such was recorded on which the Court was to render its findings on the merit and demerit of the case of the petitioner---Findings given on the application were based on the documents, appended in related suit and did not constitute res judicata, barring the petitioner to file fresh suit---Constitutional petition was allowed, in circumstances and the application under O.VII, R.11, C.P.C., was dismissed.

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