| Case ID |
368f4cd8-50e4-4243-ac26-9e174eaa9b69 |
| Body |
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| Case Number |
Civil Suit No.1241 and C.M.As. Nos.8642, 8959, 896 |
| Decision Date |
Dec 17, 2009 |
| Hearing Date |
|
| Decision |
The court ruled that the application under Order VII, rule 11 of the Civil Procedure Code was validly raised by the learned counsel for defendant No.2, arguing that the plaint should be rejected as the controversy had been resolved in a previous constitutional petition. The plaintiff's claim regarding the termination of the contract and the subsequent reliefs sought were found to be previously adjudicated. Thus, the plaint was rejected due to the principles of res judicata, as the matter had already been settled in the constitutional jurisdiction. The court emphasized that the plaintiff could pursue any other claims in the proper civil court if he saw fit. The decision concluded that the plaintiff's rights were properly acknowledged in earlier judgments, but the current suit could not proceed as it was deemed an attempt to re-litigate a settled issue. |
| Summary |
In the case of Civil Suit No.1241, the Sindh High Court dealt with a significant legal dispute involving the termination of a cultivation contract between Qamaruddin Arain and the Federation of Pakistan. The plaintiff claimed that the notice issued for termination was illegal and sought various forms of relief, including a declaration against the notice and cancellation of subsequent contracts awarded to third parties. The court examined the principles of the Civil Procedure Code, particularly concerning the rejection of plaints under Order VII, rule 11. The court found that the issues raised had already been addressed in a previous constitutional petition, establishing the doctrine of res judicata. The ruling emphasized the necessity of pursuing claims in the appropriate civil court rather than re-litigating settled matters. This case highlights the importance of understanding contractual rights, the implications of termination notices, and the procedural aspects of civil litigation in Pakistan. Legal practitioners should note the court's interpretation of contractual obligations and the enforceability of termination clauses as they navigate similar disputes. Keywords such as 'contract termination', 'civil procedure code', 'res judicata', and 'agriculture land disputes' are essential for legal professionals and stakeholders involved in property and contract law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
FAISAL ARAB, J
|
| Lawyers |
Mrs. Kausar Anwar Siddiqui,
Ch. Muhammad Rafiq Rajorvi,
M. Saleem Iqbal,
Ms. Cooki Rawat
|
| Petitioners |
QAMARUDDIN ARAIN
|
| Respondents |
FEDERATION OF PAKISTAN through President of Islamic Republic of Pakistan, Islamabad and 4 others
|
| Citations |
2010 SLD 420 = 2010 CLC 432
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O.VII,r.11,
S.11,
Ss. 39,
42,
54
|