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---Relinquishment of claim---Effect---Suit and appeal filed by petitioner/plaintiff were dismissed by Trial Court and Lower Appellate Court respectively---Respondent contended that in earlier litigation plaintiff had relinquished claim subsequently raised---Validity---Object of Order II Rule 2, C.P.C. is twofold; firstly, to prevent defendant from being vexed twice regarding same cause of action; secondly, to prevent plaintiff from splitting claims and remedies arising from same cause of action---Provision bars subsequent suit for relief omitted in earlier suit where both claims are based on same cause of action---However, second suit is not barred where cause of action is different---High Court, while exercising revisional jurisdiction, declined to interfere in concurrent findings of Courts below which had correctly applied provisions of Order II Rule 2, C.P.C.---Revision was dismissed, in circumstances.

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