Malik ZARIN KHAN vs ADNAN ALI MALIK O — 2023 CLC 1368 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1368 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Malik ZARIN KHAN vs ADNAN ALI MALIK O
Subject matter: Criminal

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

Malik ZARIN KHAN VS ADNAN ALI MALIK O. XXIII, R. 1(3) & O. VII, R. 11---Withdrawal of first suit for specific performance after filing the subsequent one---Application under O. VII, R. 11, CPC, filed by the petitioner in subsequent suit was dismissed---Validity---During the pendency of the suit for specific performance of agreement, the respondent filed another suit for specific performance in which an application under order O. VII, R.11, C.P.C., was filed by the petitioner---Moot point was whether the subsequent suit instituted by the respondent was hit by the bar contained in O.XXIII, R. 1(3), C.P.C.---Order XXIII, R. 1(3), C.P.C., did not preclude a plaintiff from filing multiple suits on the same subject matter as it merely placed an embargo on a plaintiff to file a suit on the subject matter, which he had already withdrawn/abandoned without seeking permission of the court to reagitate the same---If during the pendency of a suit, without withdrawing the same, on the same subject matter, a subsequent suit is filed, the subsequent suit will be maintainable and by no means will be hit by the bar contained in O.XXIII, R. 1(3), C.P.C.---No jurisdictional defect or procedural impropriety was pointed out, petition was dismissed, in circumstance.

Other judgments reported in 2023 CLC

2023 CLC 1510 QUETTA-HIGH-COURT-BALOCHISTANHAFEEZULLAH VS Dr. MUNIR AHMED Gift---Oral gift---Gift in favour of minor---Scope---Gift in favour of minor is not invalid if physical posse…
2023 CLC 685 QUETTA-HIGH-COURT-BALOCHISTANSHAHEEN ALAM VS Mst. BIBI SALMA (Widow) S.278---Petition for letters of administration---Scope---Administration suit in view of the Successi…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence S.1---Recovery of damages---Vicarious liability---Employe…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence Civil liability---Acquittal in criminal case---Effect---E…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION S. 114 & O. XLVII, R. 1---Review---Scope---Courts are vested with the…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION art.199---Constitutional jurisdiction---Factual controversy---Scope---…

Back to the case-law library · Search Pakistani case law in Urdu or English