SAKHI MUHAMMAD vs HAJI AHMED Election doctrine of — 2023 CLC 380 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 380 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: SAKHI MUHAMMAD vs HAJI AHMED Election doctrine of
Subject matter: Civil
Provisions referred to: Civil Procedure Code

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

SAKHI MUHAMMAD VS HAJI AHMED Election doctrine of---Pleadings, estoppel and res-judicata, relation with---Scope---Choice to initiate/pursue one out of host of available concurrent/co-existent proceedings/actions/remedies from a forum of competent jurisdiction vested with the party, but once choice was exercised and election was made then such party was precluded from launching another proceedings to seek a relief/remedy contrary to what would be claimed/achieved by adopting other proceedings/actions/remedies, which in legal parlance was recognized as "doctrine of election"---Edifice of the said doctrine was structured/founded by the courts of law from the well-recognized principles of waiver and/or abandonment of a known right/claim/privilege/relief as contained in O.II, R.2 of Civil Procedure Code, principle of estoppel, res-judicata.

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