Citation Name: 2023 MLD 2109 LAHORE-HIGH-COURT-LAHOREBookmark this Case HADAYAT ULLAH (DECEASED) vs PROVINCE O

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2023 MLD 2109 LAHORE-HIGH-COURT-LAHOREBookmark this Case HADAYAT ULLAH (DECEASED) VS PROVINCE OF THE PUNJAB S. 12---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for specific performance for agreement to sell---Transfer of propriety rights qua state land---Rejection of plaint---New cause of action, non-arising of---Suit and subsequently appeal filed by the predecessor of the plaintiffs were dismissed in the year 1995, however, the suit filed by the plaintiffs was favorably decreed in the year 2009 and appeal preferred by the (private) defendants was dismissed by the Appellate Court---Contention of the petitioners (private defendants) was that propriety rights had never been granted to them(private defendants) by the Province of the Punjab (' the Province')---Validity---Record revealed that suit filed by the predecessor of the plaintiffs was dismissed in the year 1995 on the ground that the defendants had not earned ownership by that time---Pleadings and other documents, available in the case, revealed that the propriety rights had not , admittedly, been granted to the petitioners (private defendants) by the Province (respondent), thus they (private defendants) were not owners of the disputed land and the same was still owned by the Province---Province, before granting propriety rights to the petitioners, had powers to deny the said rights to them incase of any violation of allotment policy etc.---After the dismissal of first suit for specific performance of same agreement to sell with the same subject matter and same relief against the petitioners (private defendants) and the Province (defendant/respondent) and thereafter dismissal of their appeal, no new cause of action arose in favour of plaintiffs/respondents to file second (present) suit---Plaintiffs/respondents, being successor-in-interest of the deceased (predecessor), again filed second suit for specific performance before cause of action arose as the alleged agreement to sell could not be enforced before the grant of propriety rights by the Province to the petitioners---Both the Courts below had failed to appreciate said material facts as well as provisions of law---High Court set-aside impugned judgments passed by both the Courts below---Consequently the plaint filed by the plaintiffs/respondents stood rejected under R. 11 of the O. VII of Civil Procedure Code, 1908---Revision was allowed, in circumstances. Citation Name: 2023 MLD 2109 LAHORE-HIGH-COURT-LAHOREBookmark this Case HADAYAT ULLAH (DECEASED) VS PROVINCE OF THE PUNJAB S. 11 & O. VII, Rr. 11, 13---Res judicata---Rejection of plaint---Principles---Rule 11 of the O. VII of Civil Procedure Code, 1908, can not be properly construed in isolation without understanding the theory of law with reference to its complementary provision, namely R. 13 of the O. VII of Civil Procedure Code, 1908, which clarifies the consequence of the rejection of the plaint by keeping the right of the plaintiff alive to present a fresh plaint even if based on "the same cause of action" notwithstanding the rejection of the plaint---This is a distinctly unusual provision which also marks a clear distinction from the provisions of S. 11 of the Civil Procedure Code, 1908, as the same not merely imposes a legal bar on an unsuccessful plaintiff but actually takes away the jurisdiction of the Court to try any suit or issue in which the matter directly or substantially in issue has also been in issue in a formal suit between the same parties litigating under the same title in Court of competent jurisdiction which has been "heard and finally decided", i.e. under the well known principle of res judicata which is one of the foundational principles of procedural law---Concept of rejection of plaint under R. 11 of the O. VII of Civil Procedure Code, 1908 read with R. 13 of the O. VII of Civil Procedure Code, 1908, is clearly distinct from that of a suit which is decided and disposed of in the normal course by a Court of competent jurisdiction after recording evidence---High Court set-aside impugned judgments passed by both the Courts below and consequently the plaint filed by the plaintiffs/respondents stood rejected under R. 11 of the O. VII of Civil Procedure Code, 1908---Revision was allowed, in circumstances.

Citation Name: 2023 MLD 2109 LAHORE-HIGH-COURT-LAHOREBookmark this Case HADAYAT ULLAH (DECEASED) vs PROVINCE OF THE PUNJAB S — 2023 MLD 2109 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 MLD