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Fazal Muhammad vs Lal Gul Ss — 2026 MLD 664 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2026 MLD 664 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2026
Reporter
MLD
Parties
Fazal Muhammad vs Lal Gul Ss
Subject matter
Criminal
Provisions referred to
S. 115; 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

Fazal Muhammad VS Lal Gul Ss.8, 39, 42 & 54--- Civil Procedure Code (V of 1908), S. 115 & O.II, R.2--- Suit for possession, cancellation of document, declaration and injunction---Relinquishing of claim---Effect---Suit and appeal filed by petitioner / plaintiff was dismissed by Trial Court and Lower Appellate Court respectively--- Plea raised by respondent / defendant was that in earlier round of litigation the petitioner plaintiff had relinquished the claim raised subsequently---Validity---Object of O.II, R.2, C.P.C. is twofold; first to ensure that no defendant is sued and vexed twice in regard to the same cause of action; second is to prevent a plaintiff from splitting any claim and remedies bases on the same cause of action--- Effect of O.II, R.2, C.P.C. is to bar a plaintiff, who had earlier claimed certain relief / remedies action, from filing second suit with regard to other relief based on same cause of action--- Second suit was not barred on different cause of action--- High Court in exercise of revisional jurisdiction declined to interfere in judgments and decrees passed by both the Courts below, which had rightly appreciated the provision of O.II, R.2, C.P.C.--- Revision was dismissed, in circumstances.

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