| Case ID |
e15c0bb3-a67f-4970-986e-415d091da342 |
| Body |
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| Case Number |
High Court Appeal No. 111 of 1994 |
| Decision Date |
Sep 27, 1994 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the subsequent suit was barred under the provisions of the Civil Procedure Code. The court found that the plaintiff had previously withdrawn an earlier suit unconditionally, which contained the same cause of action as the current appeal. The inclusion of an additional relief in the subsequent suit did not create a new cause of action, as the plaintiff had omitted to seek certain reliefs in the earlier suit. The court emphasized that the provisions of the Civil Procedure Code require that all claims related to a cause of action must be included in a single suit. Therefore, the rejection of the plaint for the subsequent suit was upheld. |
| Summary |
In the case of Sindh High Court Appeal No. 111 of 1994, the court addressed the crucial aspects of civil procedure regarding the withdrawal and resubmission of suits. The case involved Muhammad Yousuf Memon, who appealed against the dismissal of his suit concerning his membership and alleged wrongful actions taken by the Karachi Stock Exchange. The key legal principles examined included the necessity to present all claims arising from a single cause of action in one suit, as stipulated in the Civil Procedure Code. The court ruled that the plaintiff's failure to include a claim for settlement of accounts in his earlier suit precluded him from raising that claim in a subsequent suit, thereby reinforcing the importance of comprehensive claims in legal proceedings. This case sets a precedent for future litigants regarding the inclusion of all potential claims in a single lawsuit to avoid dismissal based on procedural grounds. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
ABDUL RAHIM KAZI,
ABDUL MAJID KHANZADA
|
| Lawyers |
Saalim Salam Ansari
|
| Petitioners |
MUHAMMAD YOUSUF MEMON
|
| Respondents |
Karachi High Court STOCK EXCHANGE (GUARANTEE) LTD
|
| Citations |
1995 SLD 921,
1995 CLC 183
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.II, R.2,
OXXIII, R. 1(3),
O.VII, R. 11
|