MUHAMMAD SHAFI PARACHA vs MUHAMMAD ASMAT PARACHA Ss — 2023 MLD 65 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 65 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD SHAFI PARACHA vs MUHAMMAD ASMAT PARACHA Ss
Subject matter: Civil
Provisions referred to: S. 11; Civil Procedure Code (V of 1908)

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

MUHAMMAD SHAFI PARACHA VS MUHAMMAD ASMAT PARACHA Ss. 42 & 54---Civil Procedure Code (V of 1908), Ss. 11 & 35-a---Suit for declaration and injunction---Res-judicata, principle of---applicability---Compensatory cost, imposition of---Suit was filed by plaintiff for administration of accounts, property, seeking declaration and permanent injunction against defendants regarding property left by his predecessor-in-interest---Validity---Plaintiff had earlier also litigated two suits against same defendants with the same prayers and same cause of action---Such lis was hit by principle of res-judicata, as mandated under S. 11, C.P.C.---Still born suit should be properly buried at the inception so that no further time was consumed on a fruitless litigation---Suit in question had been pending since year 2011, which was already heard and decided previously between the plaintiffs and defendants---High Court under the principle of res-judicata declined to interfere in the matter and imposed compensatory cost against plaintiff---Suit was dismissed, in circumstances.

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