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Initializing Secure Chambers
Petitioner: Mst. RAZIA BEGUM and 3 others VS Respondent: KANEEZ FATIMA and 3 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: Mst. RAZIA BEGUM and 3 others vs KANEEZ FATIMA and 3 others Case No.: Civil Petition for Leave to Appeal No, 927 of 1986 Date of Judgment:1989-08-28 Reported As: 1990 SCMR 1019 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiffs' side in a suit for declaration and possession; against the dismissal by the High Court, of their Regular Second Appeal. The learned District Court while accepting the respondents' First Appeal had held that the petitioners' suit was barred by the provisions contained in Order II, Rule 2, C.P.C. Because of the rejection of their plaint in an earlier suit filed by them in respect of the same subject-matter. The High Court having affirmed the first appellate order, leave to appeal has now been sought. Learned counsel, inter alia, contended that the earlier suit was not decided on merits, the plaint was rejected under Order VII, Rule 11, C.P.C. Be that as it may, he further argued that Order II, Rule 2, C.P.C. Did not apply to the present suit amongst others for the reasons that the subject-matter and/or cause of action of both the suits could not be treated as the same. These and the other questions raised in this petition require examination. Leave to appeal, accordingly, is granted. ' Security Rs, 5,000. ' Appeal shall be prepared on the present record with direction to the parties to file all essential documents which would be necessary for disposal of the appeal.