1996 SCMR 97 SUPREME-COURT

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TAJ MUHAMMAD ABBASI VS FEROZESONS (RAWALPINDI) PVT. LIMITED, RAWALPINDI Cantonments Rent Restriction Act 1963--23 , Cantonments Rent Restriction Act 1963 Ss. 23, 17 & 17-A---Where an application for eviction is dismissed -for default of appearance or for failure to produce evidence, a subsequent petition on the. same cause of action claiming the same relief is not barred under S.23 of the Cantonments Rent Restriction Act, 1963, in that, in both these eventualities the element of final adjudication on merits is lacking.