Mohsin Lal Chaudhary vs Shoukat Ali O — 2025 MLD 1268 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1268 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Mohsin Lal Chaudhary vs Shoukat Ali O
Subject matter: Civil

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

Mohsin Lal Chaudhary VS Shoukat Ali O. II, R. 2---Specific Relief act (I of 1877), Ss. 8, 39, 42, 54 & 55---Suit for possession through partition, declaration, cancellation of mutation and permanent and mandatory injunction---Consolidation of suits---Effect---Bar to instituting second suit under O. II, R. 2, C.P.C.---Scope--- Object of O. II, R. 2, C.P.C. is to avoid splitting of claims and multiplicity of suits---Both suits were ultimately consolidated, which was sufficient to diminish the impact of said provision of law---When the petitioner parted with his ownership in the suit property by virtue of sanctioning of mutations, he could not claim himself as co-owner of the property and as such suit for separate possession through partition was not maintainable at all, thus, the bar in terms of O. II, R. 2, C.P.C, would not come into play.

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