8061/2022 Const. P. Azeem Ahmed Siddiqui (Petitioner) V/S Syed A. Mohiuddin and Others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
8061/2022 Const. P. Azeem Ahmed Siddiqui (Petitioner) V/S Syed A. Mohiuddin and Others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 24-OCT-23
Respondent/Plaintiff's First Application was dismissed under Order 39, Rule 1 and 2 CPC by the trial court, Without pleading any change of circumstances, Respondent/Plaintiff's Second Application seeking exact same relief under Section 151 CPC allowed by same trial court. the trial court should not have hesitated to dismiss the subsequent (second) application in its Second Order based on the principles of res judicata and of equity enunciated by Order II Rule 2 CPC, that if any of the grounds that existed and could have been taken and not taken cannot form part of subsequent application.