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

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Dr. TEHSIN MAZHAR SHEIKH VS ADDITIONAL DISTRICT JUDGE O.II, R.2 & O.VII, R.11---arbitration act (X of 1940), S.2(a)---Plaintiff omitting to sue for relief arising from same cause of action in an earlier suit---Effect---Subsequent suit on identical cause of action barred---Rejection of plaint---Scope---Respondent No. 3 had entered into a construction agreement with the petitioner---Respondent No.3 first filed a suit for declaration and injunction based on that agreement, claiming Rs. 3,666,352, which was dismissed for non-prosecution---a second suit was filed for recovery of Rs. 5,660,000 on the same agreement which too was dismissed under O.XVII R.3, C.P.C. for want of evidence---Subsequently, the respondent No.3 instituted a third suit for the same monetary claim, again founded on the same agreement but without disclosing the earlier two suits, and additionally asserting that an arbitration award had been made in his favour which the petitioner failed to honour---The petitioner/defendant moved an application under O.VII R.11, C.P.C. for rejection of the plaint, contending that the third suit was barred under O.II R.2, C.P.C. and by limitation---Both the trial and revisional courts dismissed that application, hence the present Constitutional petition---Pivotal question requiring determination was as to "Whether the third suit filed on the same cause of action and founded on the same agreement, after two prior suits between the same parties had already been dismissed, was barred under O.II R.2, C.P.C. and limitation, warranting rejection of the plaint under O.VII R.11, C.P.C."?---Held: Where a plaintiff omitted to sue for relief arising from the same cause of action in an earlier suit, he was barred from instituting a subsequent suit in respect thereof---Respondent/plaintiff not only had the opportunity butdid in fact claim monetary relief on two earlier occasions, more particularly, Rs.5,660,000/- in the second suit, which was exactly the claim of the third suit---after dismissal of first two suits, one summarily and the other under O.XVII R.3, C.P.C., a third suit on the same facts and agreement was barred---Moreover, the failure to disclose prior litigation also constituted material suppression and undermined the plaintiff's bona fides---The entire grievance of the respondent/plaintiff was based on the agreement, which was dated 29.04.2011 and the last stated cause of action admittedly accrued in the year 2013 when the first suit was instituted---However, while instituting the third suit out of which present petition had arisen, an attempt to distinguish the present claim by making reference to arbitration proceedings was not substantiated through proper pleadings or documentary evidence and did not amount to a fresh cause of action, which rightly persuaded the petitioner/defendant to file the application under O.VII R.11, C.P.C.---Party could not be permitted to agitate the same cause of action repeatedly through successive and piecemeal litigation, thereby frustrating the settled norms of judicial discipline---The respondent/plaintiff, having exhausted his remedies and failing to pursue them diligently, could not be allowed to re-litigate the same dispute under a new garb---The claim, therefore, was clearly barred by law, which aspect of the matter had escaped notice of the Courts below---This vital jurisdictional objection altogether had not been addressed by the Courts below, which amounted to a material irregularity and warranted correction---Therefore, orders passed by the Courts below were set aside---The application filed by the petitioner under O.VII R.11, C.P.C. was accepted, and as a corollary, the plaint of the suit instituted by the respondent was rejected---Constitutional petition was allowed, in circumstances.

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

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