Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Mst. SANIA And Another VS Respondent: Mst. ZARJANA And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Abdul Qadeer Chaudhry Title: Mst. SANIA And Another vs Mst. ZARJANA And Other Case No.:Civil Petition for Leave to Appeal No. 12-R of 1989 Civil Revision No. 379 of
1987 Date of Judgment:1991-03-27 Reported As: 1991 SCMR 776 Result: Leave granted Judgment ORDER MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought by the plaintiffs' side; against the dismissal by the High Court, of their Civil Revision in a suit for possession through partition of a house. It was dismissed on account of the dismissal of an earlier similar suit under Order IX, Rule 8, C.P.C. The petitioners having failed in appeal and revision have now sought leave to appeal. Learned counsel has contended that in a suit for partition the cause of action is continuing one, therefore, a second suit in the circumstances of this case was not barred by Order IX, Rule 9, C.P.C. He has relied on commentary on C.P.C. By D.F. Mulla on the afore-noticed provision as also on Keesari Santamma v. Kanumatha Reddi Venkatarama Reddi and others AIR 1935 Mad. 909. Question raised requires examination. Leave so appeal is granted. Security Rs. 5,000. The appeal shall be prepared on present record with direction to the parties to file all those documents which shall be necessary for disposal thereof.