| Case ID |
451a0340-3892-4f9a-883a-e6238fc8b556 |
| Body |
View case body. Login to View |
| Case Number |
C.P. No. 672 of 2019 |
| Decision Date |
Oct 21, 2019 |
| Hearing Date |
Sep 16, 2019 |
| Decision |
The court dismissed the constitutional petition filed by the petitioners against the orders of the trial court and appellate court which denied the application for stay under Section 10 of the Civil Procedure Code. The court concluded that the suits involved different subjects, causes of action, and reliefs, thus Section 10 was not applicable. The petitioners failed to demonstrate that the matter in issue was directly and substantially the same in both suits. Consequently, the petition was dismissed as there was no merit. |
| Summary |
The case C.P. No. 672 of 2019, decided by the Balochistan High Court, revolves around a dispute regarding the stay of a suit under Section 10 of the Civil Procedure Code (V of 1908). The case involved petitioners, including Khurshid Alam, and respondents, including Aneel Masih, concerning claims for declaration and permanent injunction related to property disputes. The court analyzed the applicability of Section 10, which necessitates that the matters in issue in both suits be directly and substantially the same. The ruling emphasized that differing khasra numbers and distinct causes of action rendered the provisions of Section 10 inapplicable. The court found no merit in the petition and dismissed it in limine, upholding the decisions of the lower courts. This case highlights critical aspects of civil procedure and the importance of establishing a direct and substantial relationship between the matters at hand in legal disputes. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
JAMAL KHAN MANDOKHAIL,
JUSTICE ROZI KHAN BARRECH
|
| Lawyers |
Muhammad Iqbal Kasi for Petitioners,
Nemo for Respondent
|
| Petitioners |
AND OTHERS,
KHURSHID ALAM
|
| Respondents |
ANEEL MASIH,
AND 10 OTHERS
|
| Citations |
2020 SLD 1030,
2020 CLC 1142
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
10,
42,
54
|