MUHAMMAD FARHAN WAZIR vs FEDERATION OF PAKISTAN through Secretary, Ministry of Defence O — 2025 PLD 5 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PLD 5 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PLD
Parties: MUHAMMAD FARHAN WAZIR vs FEDERATION OF PAKISTAN through Secretary, Ministry of Defence O
Subject matter: Civil
Provisions referred to: 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

MUHAMMAD FARHAN WAZIR VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence O. II, R.3---Causes of action, joinder of---Principle---Provision of O. II, R. 3, C.P.C. does not permit joinder of several causes of action where plaintiffs and defendants are not jointly interested, or where some causes of action are against one set of defendants and some against another set of defendants. Ss. 42 & 54---Civil Procedure Code (V of 1908), O.II, Rr.3, 6 & O.VII, Rr.11 (d) & 13---Suit for declaration and injunction---Rejection of plaint---Causes of actions, joinder of---Multifarious suits---Scope---Defendants sought rejection of plaint as there were misjoinder of causes of action accrued to each plaintiff---Validity---Provision of O. II, R. 6, C.P.C. is available only when joinder of causes of action is within the limitations imposed by O. II, R. 3, C.P.C. and Court then feels that one or more of the causes of action cannot be conveniently tried or disposed of together---Provision of O. II, R 6, C.P.C. is not intended to say that even if joinder of causes of action is beyond limitations imposed by O. II, R. 3, C.P.C., the Court can nonetheless order separate trials or step into the shoes of plaintiff to remedy the defect by other means, for that would make O. II, R. 3, C.P.C. redundant---High Court rejected the plaint under O. VII, R. 11(d), C.P.C., as joinder of causes of action had gone beyond the provision of O. II, R. 3, C.P.C.---Plaintiffs by virtue of O. VII, R. 13, C.P.C. were free to explore separate suits---Application was allowed accordingly.

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