ORDER SHEET
IN THE HIGH COURT OF
SINDH BENCH AT SUKKUR
Revision
Application No.S-114/2014
|
Date |
Order with
signature of Judge |
Hearings
of case;
1. Fororders onCMA
No.588/2014
2. For hearing of
CMA No.589/2014
3. For hearing of
main case
04.10.2019
Syed Jaffar Ali
Shah, Advocate for applicants
Mr. Shahryar Ahmed
Awan, AAG
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This Revision has been filed on 15.09.2018 against
the order of remand of the Suit No.75/2011 whereby plaint has been rejected by
order dated 09.05.2012.
Learned counsel for the applicants has raised only
one ground in support of his revision application that the applicants along
with some other plaintiffs have filed earlier a suit bearing No.31/2011and have
withdrawn the same and the Court at the time of withdrawal with permission to
file fresh suit, the Court decline the same. He has contended that for the
simple reason the subsequent rejection of plaint by the trial Court was justifiable
since the permission has been declined by the earlier Court.
The record shows that applicants have already filed
written statement in the fresh suit No.75/2011 and record further shows that in
the fresh suit it is not the defendant of the earlier suit there are also other
defendants and the learned appellate Court has also observed that even the
cause of action in the both suit shown the appellant are different. On this
point learned counsel for the applicants has not advanced any argument even
otherwise the requirement of Order VII Rule 11 CPC talks about barred by law
and the order under Section 21(1) does
not bar a fresh suit. Refusal of the grant of permission by the appellate Court
to file a fresh suit does not create legitimate legal bar un-falling.It was discretion
of the Court which could be exercised by the Court and no appeal is required
against such refusal to permit file a fresh suit. The learned trial Court in
the earlier suit wherein refusing to grant permission the fresh suit has
observed that in the application for permission to file fresh suit the plaintiffs
have not shown cause of action for permission of this Court in the fresh suit cause
of action has been shown which according to learned IInd Additional District
Judge, Khairpurwas the first cause of action are different.
In view of the above, this revision is dismissed.
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J U D G E
G.M/Steno