NATIONAL BANK OF PAKISTAN versus KARACHI TANK TERMINAL (PVT.) LTD.
Section 7 Civil Procedure Code (v. 1908), O II, R 2 Suit for Receiving Debt The cause of action in the previously established suit for which the plaintiff issued the decree and the present case was one and the same. He could not split the claim and file two separate cases with competence and for that reason without showing the fact of obtaining a money order or giving any reason for filing a separate case and he was also allowed by the court. Without explanation of subsection (3), O 2 of R 2, the CPC clarified that the subsequent breach of one obligation constitutes the birth of one cause for another. Yes, and in the present case, non-payment of financing was one of the reasons for the plaintiff to qualify. Because of the various reliefs and because the plaintiff dropped the case for a single relief, it was not entitled to sue on the basis of relief, so the dismissed suit could be dismissed in accordance with Rule 11, R2, CPC. Source denied and rejected.
Related judgments — Karachi High Court Sindh, 2009
