| Case ID |
0510ec5d-7105-4375-854d-b2f8fbe029a7 |
| Body |
View case body. Login to View |
| Case Number |
2nd Appeal No. 25 of 2012 |
| Decision Date |
Sep 09, 2014 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the second appeal, affirming the decision of the lower appellate court. The court held that the suit was barred under Order II, Rule 2 of the Civil Procedure Code as the appellant had previously filed a suit regarding the same cause of action and subject matter. The court emphasized that a plaintiff cannot file a fresh suit after withdrawing an earlier one without the necessary permission, which was not obtained in this case. Furthermore, the court addressed the issue of non-payment of court fees, stating that the lower appellate court had jurisdiction to entertain the appeal despite the absence of court fees at the initial stage. The court directed the respondent to deposit the requisite court fee within a specified period to rectify the irregularity. The decision underscores the importance of procedural compliance in civil litigation and the principle of not allowing multiple suits on the same matter without proper legal foundation. |
| Summary |
In the case of Sindh High Court's 2nd Appeal No. 25 of 2012, the court dealt with significant issues surrounding the withdrawal of suits and the implications of filing new actions on the same cause of action. The appellant, Sikandar Ali, sought specific performance of a contract regarding agricultural land, but the court found that the prior suit had been withdrawn without permission, thus barring the new suit under Order II, Rule 2 of the Civil Procedure Code. This case highlights the critical procedural requirements in civil litigation, emphasizing the necessity for litigants to follow proper legal protocols to avoid dismissal of their claims. The court's decision also reinforced the importance of payment of court fees, recognizing that procedural irregularities should not hinder the pursuit of justice. The ruling serves as a pertinent reminder for attorneys and litigants alike to ensure compliance with legal formalities to safeguard their rights in civil disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAZAR AKBAR, J
|
| Lawyers |
Abdul Jabbar Qureshi,
Aghis us Salam Tahirzada,
Anwar Ansari
|
| Petitioners |
SIKANDAR ALI
|
| Respondents |
3 others,
ABDULLAH
|
| Citations |
2015 SLD 506,
2015 PLD 155
|
| Other Citations |
PLD 1983 SC 344,
PLD 1983 Kar. 537,
PLD 1987 SC AJ&K 5,
1991 CLC 640,
2004 SCMR 1798,
PLD 1984 SC 289
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXIII,R.1(3),
O.II,R.2,
S.99
|