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40/2021 R.A (Civil Revision) Muhammad Amin thr: L.Rs (Applicant) V/S Abdul Rahim & others (Respondent)

Sindh High CourtCivil Law2025

Bench: Hon'ble Mr. Justice Arbab Ali Hakro(Author)

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40/2021 R.A (Civil Revision) Muhammad Amin thr: L.Rs (Applicant) V/S Abdul Rahim & others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Arbab Ali Hakro(Author) Order Date: 17-FEB-25

The cases discusses the rejection of plaint under Resjudicata, (Section 11 CPC) emphasizing the impact of a pending application under Section 12(2) CPC on decree finality. It advocates using Section 10 to stay subsequent suits until the pending application is resolved, ensuring judicial consistency. It also addresses the limitation period under Article 91 and 120 of the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage.

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