2/2021 Adm. Suit Tenedos Denizcilik ve Tie Ltd. (Plaintiff) V/S M.T MAKHAMBET & Others (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 04-MAR-22
--Section 11 CPC is universal doctrine so it does not matter if the judgment is of a foreign Court or of a Court beyond the territorial limits of this Court. The subject claim is a tried and adjudicated issue (within competent jurisdiction) and hence it is being applied for enforcing res- judicata. There is no legislation enacted contrary to the acceptance of such rule except as provided in Section 11 CPC. --The explanation provides that a former suit is one which has been decided prior, irrespective of its filing date. Explanation II provides that for the purpose of Section 11 competence of Court shall be determined irrespective of any provision as to right of appeal from the decision of such Court5 . Explanation III provides that matter referred to must in the former suit have been alleged by one party and either denied or admitted expressly or impliedly by the other. Explanation IV provides that any matter which might or ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly or substantially in issue in such suit and under Explanation V any relief claimed in the plaint, which is not expressly granted by the decree, shall for the purposes of this section be deemed to have been refused. The remaining explanation VI is not relevant for the purposes of issue in hand.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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