LIAQUAT DAWOOD KUKDA vs Syed HASHIM RAZA O — 2023 CLC 237 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 237 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: LIAQUAT DAWOOD KUKDA vs Syed HASHIM RAZA 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

LIAQUAT DAWOOD KUKDA VS Syed HASHIM RAZA O.VII, R. 11 & S.11---Rejection of plaint---Res judicata---Scope---Bank filed a suit against present plaintiff for recovery of certain amount---Suit was decreed and an execution petition was filed---Thereafter, a tripartite agreement was executed between plaintiff, defendant and Bank in execution of which documents were handed over to the defendant upon receipt of decretal amount---Plaintiff, thereafter, entered into an agreement with the defendant whereby defendant was obliged to keep the documents as surety for the payment he had made to the Bank---Banking Court, irrespective of any arrangement between plaintiff and defendant, directed for execution of conveyance deed in favour of defendant---Plaintiff filed present suit with the claim that the defendant was only entitled to keep the documents as surety till he was re-paid by the plaintiff---Defendant filed an application under O.VII, R.11, C.P.C., for rejection of plaint on the ground of res judicata---Validity---Res judicata did not apply as the only question arising out of the case was performance of subsequent agreement---Section 11, C.P.C., did not come in the way as it talked about the "competent Court" and the "relief claimed" in the suit---Banking Court was neither a competent Court to adjudicate upon performance of subsequent agreement nor was the subsequent agreement a subject matter of banking suit before Banking Court---Application under O. VII, R. 11, C.P.C. was dismissed.

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