PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY vs Mst — 2023 CLD 1136 KARACHI-HIGH-COURT-SINDH

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PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY VS Mst. GUL RUKH SAMINA BUTT S. 27---Specific Relief act (I of 1877), Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 11, O. VII, R. 11---Suit for declaration and injunction---Rejection of plaint---Res-judicata, principle of---applicability---Plaintiff/DHa claimed that allotment of plot in question in the name of original allotee and then its transfer by him in the names of his sons by way of Gift (Hiba) was done in violation of Bye-Laws of predecessor society of plaintiff/DHa, which plot was cancelled and subject allotment and then transfer of plot in the names of his sons was based on forged documents, fraud and in contravention of Bye-Laws of the Society---Defendant/Bank sought rejection of plaint on the plea that there was no cause of action and principle of res-judicata was applicable---Validity---although, cancellation of plot by plaintiff/DHa was set-aside by High Court in earlier proceedings but in compliance of High Court's order plaintiff/DHa after adopting legal formalities again cancelled it---Plaintiff/DHa thereafter filed instant suit in order to seek declaration of validity of cancellation order passed by it subsequently---Plaintiff/DHa had cause of action to file the instant suit---Earlier suit whereby first cancellation of plot's order passed by plaintiff/DHa was challenged, was dismissed for non-prosecution---Present suit filed by plaintiff/DHa was for seeking declaration in respect of validity of cancellation of plot order of plaintiff/DHa, injunction and cancellation of mortgaged documents deposited by defendant/allottee in defendant/ Bank at the time of borrowing amount and it had no nexus with a previous suit filed by Bank for recovery of amount as that suit was between Bank and borrower for recovery of amount and the documents which were mortgaged had already been cancelled even before creation of mortgage of documents of plot in question---Such fact was not liable to be considered for rejection of plaint---Plea of res-judicata under S. 11, C.P.C was also not applicable as High Court in its earlier order quashed initial cancellation order but in the same order plaintiff/DHa was set at liberty to initiate any other action against defendants under the law and to decide it after hearing all the concerned parties---High Court declined to reject the suit---application was dismissed, in circumstances.

PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY vs Mst — 2023 CLD 1136 KARACHI-HIGH-COURT-SINDH

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