| Case ID |
36b7bff6-c2dd-4c41-863c-0d18a6cef79f |
| Body |
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| Case Number |
Suit No.918 of 2002 |
| Decision Date |
Nov 06, 2002 |
| Hearing Date |
Oct 09, 2002 |
| Decision |
The Sindh High Court dismissed the suit filed by Messrs Asian Food Industries against Messrs Ismail Industries for permanent injunction and damages. The court ruled that the plaintiffs had previously omitted claims arising out of the same cause of action in an earlier suit, and therefore could not claim the same or other reliefs in the current suit. The court emphasized that splitting claims is not permissible and that the plaintiffs could not be vexed twice for the same cause of action. Consequently, the suit was found to be hit by the provisions of Order II, Rule 2 of the Civil Procedure Code and was dismissed. |
| Summary |
In the case between Asian Food Industries and Ismail Industries, the Sindh High Court dealt with the issue of splitting claims under the Civil Procedure Code. The plaintiffs sought a permanent injunction and damages, alleging infringement of their trademarks and unfair competition due to the defendants’ similar candy products. The court found that the plaintiffs had previously omitted claims in an earlier suit, preventing them from reasserting those claims. The decision reinforced the principle that parties cannot be vexed twice for the same cause of action, leading to the dismissal of the suit. This case highlights the importance of thorough legal representation and the necessity of including all claims in initial filings to avoid dismissal in subsequent actions. Keywords such as 'trademark infringement', 'civil procedure', and 'injunction' are essential for understanding the implications of this ruling. |
| Court |
Sindh High Court
|
| Entities Involved |
Ismail Industries,
Asian Food Industries
|
| Judges |
ZIA PERWEZ, J
|
| Lawyers |
Khurram Gul Ghory,
Salim Ghulam Hussain
|
| Petitioners |
ASIAN FOOD INDUSTRIES
|
| Respondents |
Messrs ISMAIL INDUSTRIES
|
| Citations |
2003 SLD 2594,
2003 CLC 969
|
| Other Citations |
M.K. Abbasi v. United Bank Ltd. 1983 CLC 482,
Muhammad Khalil Khan and others v. Mahboob Ali Mian and others PLD 1948 PC 131,
Abdul Hakim v. Saadullah Khan PLD 1970 SC 63
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. 11, R. 2,
O. XXXIX, Rr. 1, 2
|