MUHAMMAD SALEEM versus PROVINCE OF PUNJAB THROUGH COLLECTOR/DO(R) T.T. SINGH
Section 42 Civil Procedure Code (v. 1908), OIX, R9 Suit for declaration by default bars against the plaintiff, the scope shop on the lower floor of the disputed property was transferred to the plaintiff in the interest of the plaintiff. The plaintiff's interest was transferred to the plaintiff's interest on the first floor of the disputed property along the lower floor, after which the plaintiff filed a statement to the effect that he owns the residential portion of the disputed property. ? That the defendants (the defendants) were the only owners of the shop which constitutes part of the property's ground floor, which is 10 x 22 sq ft according to the claimant's shop, and that the chawbara located in the said property was also owned by the claimant. ? The trial court dismissed the plaintiff's claim to the extent that Chobara was the plaintiff's property but said that the dimensions of the store kept by the plaintiff were not 10 x 22 sq. Ft. As claimed but 25/2. x 21 1/2 sq. ft. The first appellate court on behalf of the defendant in the review petitions filed by the defendant ordered the trial of the plaintiff before the High Court was accepted and dismissed the plaintiff's case on that basis. It was held that the case was stopped under Order IX, Rule 9, CPC. The case was excluded by default and was never reinstated, where, in the interest of the plaintiff, after the current lawsuit was filed, the plaintiffs were presented as the plaintiff in the previous case. The aforesaid plaintiff was not a successor in the interest of the plaintiff, so, by default, excluding the case poses no risk to the present plaintiff, who is the defendant of the previous trial.
