1/2023 I. A Ghulam Muhammad & others (Appellant) V/S Jan Ali Khan (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Hasan (Akber)(Author)
1/2023 I. A Ghulam Muhammad & others (Appellant) V/S Jan Ali Khan (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Hasan (Akber)(Author) Order Date: 12-MAR-26
Without seeking permission of the Court under rule 2 of Order XXIII CPC., a subsequent suit is barred under its rule 3, and section 12 CPC. Even addition of a new party, or non-impleading of a previous party, will not change the nature of the suit, if it is based upon the same cause of action. A Cheque issued as security for an agreement, cannot be automatically used as security in another agreement, without express permission from the drawer. A cheque from a ???photo account???, cannot be encashed or dishonured in the absence of the account holder. ???