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ALI MUSHTAQ vs FEDERATION OF PAKISTAN S — 2024 CLC 18 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 18 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
ALI MUSHTAQ vs FEDERATION OF PAKISTAN S
Subject matter
Civil
Provisions referred to
S. 42---C; S. 10; 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

ALI MUSHTAQ VS FEDERATION OF PAKISTAN S. 42---Civil Procedure Code (V of 1908), S. 10 & O.VII, R. 11---Suit for declaration---Stay of suit---Object, purpose and scope---Rejection of plaint---Suit filed by plaintiff in year 2016 was on the same subject matter in which an earlier suit filed in year 2009 was pending adjudication---Defendant / Federation of Pakistan sought rejection of plaint---Validity---Object of S. 10, C.P.C., is to prevent Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of same matter in issue---Insertion of S. 10, C.P.C., is to avoid two parallel trials on same issues---Even if cause of action and some consequential relief prayed for is added and/or some of the issues in a former and subsequent suits may differ, that may not be a ground for non-application of S. 10, C.P.C., if it is being observed that the final decision in earlier suit may either operate as res judicata or would materially affect proceedings and trial of subsequent suit---Legislature has purposely carved out language of S. 10, C.P.C., to include all those issues which are directly and substantially in issue in previously instituted suit and does not talk about identical and similar nature of issues and reliefs---Relief claimed in subsequent suit was somehow directly and substantially linked with earlier one---Any formal or informal addition of a party having no substantial effect to proceedings and relief claimed, would not materially affect operation of S.10, C.P.C.---High Court stayed trial of the suit till decision of connected suit filed earlier in year 2009 by invoking provision of S. 10, C.P.C.---Application was disposed of accordingly.

Other judgments reported in 2024 CLC

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