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earlier suit---Filing of fresh suit---Rejection of plaint---Scope---Contention of defendants was that earlier suit was withdrawn unconditionally and plaintiff was precluded from filing fresh suit---Validity---Plaintiff had fresh cause of action to file the present suit---Earlier suit had been withdrawn under O.XXIII, Rule 1, C.P.C. but same would preclude the plaintiff to file fresh suit on the same cause of action---Cause of action to file the present suit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. "Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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