1015/2013 Suit Abdul Aziz. (Plaintiff) V/S Shahid Ahmed and others. (Defendant)

1015/2013 Suit Abdul Aziz. (Plaintiff) V/S Shahid Ahmed and others. (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 24-JAN-14

"Civil Procedure Code (V of 1908)--- ----O. VII, R. 11, O. II, R. 2 & O. XXIII, R. 1---Limitation Act (IX of 1908), Arts.91 & 113---Withdrawal of earlier suit---Filing of fresh suit---Rejection of plaint---Scope---Contention of defendants was that earlier suit was withdrawn unconditionally and plaintiff was precluded from filing fresh suit---Validity---Plaintiff had fresh cause of action to file the present suit---Earlier suit had been withdrawn under O.XXIII, Rule 1, C.P.C. but same would preclude the plaintiff to file fresh suit on the same cause of action---Cause of action to file the present suit commenced from the day when the alleged settlement between the parties was arrived at and compliance of same was denied---Plaintiff sought compliance of settlement arrived at between the parties at the time of withdrawal of earlier suit for which limitation period was three years---Article 91 of Limitation Act, 1908 would not apply in the present case as the facts entitling the plaintiff to file present suit commenced when public notice was issued---Present suit had been filed for enforcement of settlement arrived at in the earlier suit between the parties---Earlier suit was filed for declaration and cancellation of sale deed, however on account of settlement a fresh cause accrued to the plaintiff on denial of such settlement---Plaintiff had not relinquished any rights with regard to suit property---Application filed under O. VII, Rule 11, C.P.C. was dismissed accordingly. "