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JANAT BIBI versus ABDUL KARIM


The ban on Article 49 alleges the cause of action arose long before the appellant company in the previous case claiming that she was deprived of her dowry by the defendant before the suit was instituted for three years. Was filed under section 49, which was then withheld under section 49. The Limitation Act, in the circumstances [limitation]

1981 C L C 52

[Azad Jammu & Kashmir)

Before Sardar Muhammad Sharif Khan, Actg. C. J. and Sardar Said Muhammad Khan, J

Mst. JANAT BIBI‑Appellant

versus

ABDUL KARIM‑Respondent

Civil Appeal No. 26 of 1980, decided on 30th September 1980.

(a) Civil Procedure Code (V of 1908)‑

‑‑ S. 11 ‑Res judicata‑Prior suits between parties involving subject matter of present suit directly and substantially and matter decided finally‑Present suit, held, barred by doctrine of res judicata.‑[Res judicata].

(b) Limitation Act (IX of 1908)‑

‑‑ Art. 49‑Limitation‑Cause of action arising long before institution of previous suit‑Appellant in previous suit asserting to have been deprived of her dowry by respondent long before institution of such suit‑Suit filed after a lapse of three years, held, time‑barred under Art. 49 of Limitation Act, in circumstances.‑[Limitation].

M. Y. Surakhvi for Appellant.

Abdul Karim with M. S. Tariq for Respondent.

Dates of institution : 11th August 1980.

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