| Case ID |
03ec0d4d-cfe0-4592-ac0e-2c1936c91d69 |
| Body |
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| Case Number |
Suit No. 1099 of 1998 |
| Decision Date |
Mar 24, 2000 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled that the plaint was rejected under the provisions of Order 7, Rule 11 of the Civil Procedure Code. The court found that the plaintiff had previously filed a suit regarding the same cause of action, which was withdrawn unconditionally. As a result, the plaintiff was precluded from instituting a fresh suit on the same cause of action. The court emphasized the importance of ensuring that a stillborn suit is properly buried at its inception, allowing the plaintiff to retrace their steps and file a properly constituted suit if permissible under the law. The suit was barred under the provisions of Order 23, Rule 1 and Order 2, Rule 2 of the Civil Procedure Code, leading to the rejection of the plaint with costs awarded to the defendants. |
| Summary |
In the landmark case of Suit No. 1099 of 1998, the Sindh High Court examined the complexities of civil procedure and the implications of withdrawing a suit. The plaintiff, SINDH ENGINEERING (PVT.) LTD., sought damages from OTIS ELEVATOR COMPANY following a termination of their agency agreement. The court's decision hinged on the interpretation of the Civil Procedure Code, particularly the rules regarding the rejection of plaints and the consequences of withdrawing a suit. The ruling reinforced the principle that a party cannot file a subsequent suit based on the same cause of action if a prior suit has been withdrawn unconditionally. This case serves as a critical reference for legal practitioners and scholars studying civil litigation and procedural law in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
SINDH ENGINEERING (PVT.) LTD.,
OTIS ELEVATOR COMPANY
|
| Judges |
SHABBIR AHMED, J
|
| Lawyers |
Ch. Zahid Jameel,
Khalid Rehman,
Abdul Aziz Abbasi
|
| Petitioners |
Messrs SINDH ENGINEERING (PVT.) LTD.
|
| Respondents |
Defendant 2,
Defendant 3,
Defendant 4,
OTIS ELEVATOR COMPANY
|
| Citations |
2000 SLD 2024,
2000 CLC 1524
|
| Other Citations |
Abdul Rasheed Saudagar v. S.M. Lalita Rai PLD 1959 SC 287,
Mir Zaman v. Mst. Magum Jan PLD '1983 Pesh. 100,
Abdul Karim Butt v. Government of Balochistan 1989 CLC 1625,
Bashiran Bibi v. Hidaytullah 1996 SCMR 1051,
Naba Kumar Hazro and another v. Radhashyam Mahish and others AIR 1931 PC 229,
M.K. Abbasi v. United Bank Ltd. 1983 CLC 482
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
0. VII, R.11,
0. XXIII, R.1,
0.11, R.2
|