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PROVINCIAL GOVERNMENT through Chief Secretary, Gilgit-Baltistan vs JUMLA AHLYAN BURSING MOUZA KEHCHONG (HUSSAINABAD) S — 2023 MLD 817 Gilgit-Baltistan Chief Court

Case information

Citation
2023 MLD 817 Gilgit-Baltistan Chief Court
Year
2023
Reporter
MLD
Parties
PROVINCIAL GOVERNMENT through Chief Secretary, Gilgit-Baltistan vs JUMLA AHLYAN BURSING MOUZA KEHCHONG (HUSSAINABAD) S
Subject matter
Civil
Provisions referred to
S. 10---S; S. 10; 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

PROVINCIAL GOVERNMENT through Chief Secretary, Gilgit-Baltistan VS JUMLA AHLYAN BURSING MOUZA KEHCHONG (HUSSAINABAD) S. 10---Stay of suit---Scope---Where appeal of previous suit was pending for adjudication in the Appellate Court and the same had jurisdiction to grant the relief in appeal, High Court observed that in such situation it was mandatory upon the court trying the subsequent suit to stay proceedings under S. 10 of C.P.C. Head NotesCase Description Citation Name: 2023 MLD 817 Gilgit-Baltistan Chief CourtBookmark this Case PROVINCIAL GOVERNMENT through Chief Secretary, Gilgit-Baltistan VS JUMLA AHLYAN BURSING MOUZA KEHCHONG (HUSSAINABAD) S. 11---Res judicata---Scope---Section 11 of C.P.C. provides that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between parties in a court of competent jurisdiction has been heard and finally decided---Section 11, C.P.C. does not bar the cognizance of suit but only prohibits the trial of the suit or issues. Head NotesCase Description Citation Name: 2023 MLD 817 Gilgit-Baltistan Chief CourtBookmark this Case PROVINCIAL GOVERNMENT through Chief Secretary, Gilgit-Baltistan VS JUMLA AHLYAN BURSING MOUZA KEHCHONG (HUSSAINABAD) O. VII, R. 11---Rejection of plaint---Scope---Plain reading of O. VII, R. 11, C.P.C., shows that under this provision a suit can be rejected where suit does not disclose a cause of action, where the relief claimed is under-valued, where relief claimed is properly valued but plaint is insufficiently stamped, or where suit appears from the statement in the plaint to be barred by law---When the provisions of this rule are attracted, the suit cannot be dismissed but the plaint should be rejected. Head NotesCase Description

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