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MUHAMMAD ZULFIQAR ALI vs RASHID MEHMOOD SIDHU O — 2024 CLC 1468 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 1468 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
MUHAMMAD ZULFIQAR ALI vs RASHID MEHMOOD SIDHU O
Subject matter
Civil
Provisions referred to
S. 54---I; S. 19---S

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 ZULFIQAR ALI VS RASHID MEHMOOD SIDHU O.II, R.2, O.XXIII, R.1(3)---Specific Relief act (I of 1877), S.54---Intellectual Property Organization of Pakistan act (XXII of 2012), S. 19---Suit for injunction---Withdrawal of earlier suit---Bar contained in O.XXIII, R. 1(3), C.P.C.---applicability---appellant assailed order passed by Intellectual Property Tribunal, whereby it declared that filing of second suit was not hit by the bar contained in O.XXIII R.1(3), C.P.C.---Validity---One of the common principles engrafted in O. II, as well as O. XXIII, C.P.C. is that unless the Court is satisfied as to the reasons given in relevant rules of the two Orders, defendants should not be subjected to more than one suits for same cause---In O.II, R.2, C.P.C., the Legislature has used words where a plaintiff omits to sue… shall not afterwards sue---Likewise, in O. II, R. 2, C.P.C. states that a person if entitled to more than one relief may sue for all or any of such relief, but if omits, except with the leave of the Court….he shall not afterwards sue for any relief so omitted---Word "afterwards", in O. II, R. 2 C.P.C. is not used with reference to decision of cases and is used with regard to the word "sue"---When pendency of earlier suit is disclosed, the Court can control the situation by taking an action, at the earliest---When it comes to the surface that filing of earlier suit is not disclosed in the subsequent suit, the Trial Courts are sufficiently empowered to curb and regulate such situation on account of non-disclosure of information---High Court declined to interfere in the order passed by Tribunal, which had adopted the correct approach in the matter---appeal was dismissed, in circumstances.

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