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.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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