TENEDOS DENIZCILIK VE TIC. LTD. vs MAKHAMBET S — 2022 PLD 378 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 378 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: TENEDOS DENIZCILIK VE TIC. LTD. vs MAKHAMBET S
Subject matter: Civil
Provisions referred to: S. 3; S. 13; S. 44; S. 11; 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

TENEDOS DENIZCILIK VE TIC. LTD. VS MAKHAMBET S. 3(2)(m)---Civil Procedure Code (V of 1908), Ss.11, 13 & 44-a---Suit for recovery of claim---Res judicata, principle of---applicability---Foreign judgment---Plaintiff sought recovery of its claim under admiralty jurisdiction---Defendant resisted the claim on the ground that the matter in issue had already been adjudicated and decided in a foreign Court---Validity---Conclusiveness of a judgment was determined under S.13, C.P.C., subject to conditions as structured therein whereas its executability was under S.44a, C.P.C.---If judgment was conclusive for its implementation and execution, then it was conclusive for giving effect to doctrine of res judicata, provided it had crossed prerequisites of S.11, C.P.C.---Such was plaintiff's choice not to enforce foreign judgment in terms of Ss.13 & 44a, C.P.C., as he opted to initiate fresh proceeding for recovery of same claim---Provision of S. 11, C.P.C. was universal doctrine so it did not matter if judgment was of a foreign Court or of a Court beyond territorial limits of High Court---Subject claim was a tried and adjudicated issue (within competent jurisdiction) so principle of res judicata was applied---No legislation was enacted contrary to acceptance of such rule except as provided in S. 11, C.P.C.---Prima facie case was not made out and suit itself suffered under doctrine of res judicata---Suit was dismissed, in circumstances.

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