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Citation Name: 2023 PLD 59 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUNIR AHMED KASI vs ARBAB SAMIULLAH O — 2023 PLD 59 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 PLD 59 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
PLD
Parties
Citation Name: 2023 PLD 59 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUNIR AHMED KASI vs ARBAB SAMIULLAH O
Subject matter
Civil
Provisions referred to
S. 11---C; 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

Citation Name: 2023 PLD 59 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUNIR AHMED KASI VS ARBAB SAMIULLAH O. XXIII, R. 3---Compromise of suit---Scope---Compromise decree is a contract between the parties of a lawsuit---If either party breaches the terms of the decree, it would give rise to a fresh cause of action, allowing the aggrieved party to seek legal recourse. Citation Name: 2023 PLD 59 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUNIR AHMED KASI VS ARBAB SAMIULLAH O. XXIII, R. 3 & S. 11---Compromise of suit---Satisfaction of compromise decree---Res judicata---Scope---Plaintiff filed a lawsuit inter alia seeking satisfaction of a consent order and decree---Trial Court dismissed the suit---Appellate Court remanded the suit back to the Trial Court and directed it to provide an opportunity for both parties to present evidence---Validity---Trial Court had not decided the suit on its merits but instead disposed of the matter on the basis of findings that the suit was barred by res judicata---However, the instant suit constituted a fresh cause of action as a compromise decree was a contract between the parties of a lawsuit and if either party breached the terms of the decree, it gave rise to a fresh cause of action, allowing the aggrieved party to seek legal recourse---Revision petition was dismissed. Citation Name: 2023 PLD 59 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUNIR AHMED KASI VS ARBAB SAMIULLAH O. XIV, Rr. 1 & 3---Framing of issues---Materials from which issues may be framed---Scope---Order XIV, Rr. 1 & 3 of the C.P.C. prescribes that the issues in a case must be framed on the material propositions of law or fact---Distinct and separate issues are to be framed for each proposition that is in dispute. Citation Name: 2023 PLD 59 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUNIR AHMED KASI VS ARBAB SAMIULLAH S. 11---Res judicata---Scope---Section 11 of the C.P.C. defines "res judicata" as a matter that has already been adjudicated and determined by a court of competent jurisdiction.

Other judgments reported in 2023 PLD

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