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Dr. TEHSIN MAZHAR SHEIKH vs ADDITIONAL DISTRICT JUDGE O — 2026 CLC 956 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2026 CLC 956 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2026
Reporter
CLC
Parties
Dr. TEHSIN MAZHAR SHEIKH vs ADDITIONAL DISTRICT JUDGE O
Subject matter
Criminal
Provisions referred to
S. 2

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

Dr. TEHSIN MAZHAR SHEIKH VS ADDITIONAL DISTRICT JUDGE O.II, R.2 & O.VII, R.11---arbitration act (X of 1940), S.2(a)---Omission to claim relief arising from the same cause of action in an earlier suit---Effect---Bar to institution of a subsequent suit on identical cause of action---Scope---Rejection of plaint of subsequent suit---Election of remedy, doctrine of---Prohibition against multiplicity of proceedings---Scope---Electing one remedy, abandoning it after adverse consequences, then shifting to the arbitration without proper recourse, and finally returning to file a subsequent suit without compliance with the mandatory legal provisions is precisely what the doctrine of election, the bar contained in O.II R.2, C.P.C., and the scheme of the arbitration act, 1940 aim to prevent---If such litigation is allowed to proceed without scrutiny under O.VII R.11, C.P.C., it would set a dangerous precedent whereby a litigant could perpetually avoid finality by alternating between forums and/or remedies, without accountability---The law does not permit a party to keep the adversary entangled in an unending chain of litigation by withholding material facts, disowning procedural consequences, and reviving stale claims under the guise of a fresh suit.

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