This provision aims to prevent duplication of trials and conflicting selections on precisely the same reason behind motion.
Subsequent Constitutional Petitions (PLJ 1999 Karachi 791): If difficulties have already been tackled in before constitutional petitions, the concepts of res judicata and constructive res judicata implement to subsequent petitions on identical grounds.
If a foreign decree is just not from the outstanding courtroom inside of a reciprocating territory, the decree holder need to file a completely new suit in Pakistan, dealing with the overseas decree as The premise of the assert. This method in essence consists of initiating refreshing litigation in Pakistan based upon the international judgment.
In case the respondents persistently overlook the court docket’s proceedings, the court docket may perhaps progress with the ex parte Listening to, wherein the situation is heard from the absence from the respondents. Having said that, This is often carried out only right after making sure that each one makes an attempt at correct services happen to be exhausted.
The jurisdiction of civil courts in Pakistan is wide, encompassing different civil matters. Nevertheless, this jurisdiction isn't absolute and is also topic to your provisions of Specific statutes along with the institution of specialized boards.
Insurance plan procedures specifically meant to address legal fees will not be available in Pakistan. Nonetheless, legal expenditures may internet perhaps at times be included underneath other kinds of insurance procedures, which include third-social gathering liability insurance policies.
For execution purposes, the limitation period of time is calculated in the day with the appellate courtroom’s decree if an attraction is filed in opposition to the first decree. The appellate court docket’s decree supersedes the decrease court docket’s decree.
The provisions on the CPC, significantly Part twenty, alongside the judicial interpretations, present a comprehensive legal framework for determining the appropriate jurisdiction dependant on The situation of the cause of motion along with the residence from the defendant.
Generally, events have the appropriate to a further charm soon after the initial appellate final decision. If a further correct of enchantment is just not out there, events can nevertheless problem appellate conclusions on restricted grounds by invoking the constitutional jurisdiction in the Higher Courts.
Evaluation of Orders and Res Judicata (PLJ 2002 Lahore 1254): An order with the trial court docket, when merged within the order of the primary appellate courtroom and dismissed on deserves, turns into remaining and acts as res judicata.
Ejectment of Tenant (PLJ 1993 Karachi 218): The theory of res judicata may not implement in cases where by a past software under a unique ordinance was submitted and situations have significantly improved.
Area forty eight of your CPC establishes a basic limitation period of time for executing decrees, matter to specific exceptions. The courts have interpreted this provision to equilibrium the necessity for well timed execution of decrees even though also enabling for exceptions in situations of fraud or drive.
The Significant Court docket or Supreme Court docket may well reopen conditions beneath peculiar conditions and empower decrease courts to deal with concerns of nullity or fraud.
In instances where by the claimant seeks an injunction, the court diligently considers the situation and merits of the situation in advance of granting or refusing the ad interim injunction.