M/s. TELEMATICS MASTER (PVT.) LTD. vs M/s — 2022 MLD 1961 ISLAMABAD

Case information

Citation: 2022 MLD 1961 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: M/s. TELEMATICS MASTER (PVT.) LTD. vs M/s
Subject matter: Criminal
Provisions referred to: S. 12

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

M/s. TELEMATICS MASTER (PVT.) LTD. VS M/s. PAK WELCOM TRADER (PVT.) LTD. Ss.11, 12 (2) & O.IX, R.13---Election of remedies, doctrine of---Res judicata, principle of---Applicability--- Judgment and decree, setting aside of--- Petitioner / defendant was aggrieved of ex-parte judgment and decree passed against it---Petitioner/defendant earlier sought remedy under S.12(2), C.P.C. then filed application under O.IX, R.13, C.P.C. to get ex-parte judgment and decree set aside---Validity---Application under O.IX, R.13, C.P.C. was to be made within thirty days of the date of knowledge of the decree---Petitioner / defendant filed application under O.IX, R.13, C.P.C. two years after the date of knowledge, if date of application under S.12(2), C.P.C. was to be taken as the date of knowledge---Trial Court rightly held that petitioner / defendant elected its remedy under S.12(2), C.P.C. and it could not be allowed to turn around much later and pursue an alternate remedy after it was unsuccessful with the first one--- Doctrine of election of remedies precluded petitioner / defendant to seek another remedy after availing without success one amongst several alternative remedies as the issue had become res judicata---High Court declined to interfere in the order passed by Trial Court---Constitutional petition was dismissed, in circumstances.

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