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Civil Revision No. 982 of 1977, decided on 29th September, 1980.
‑‑‑‑‑ S. 10‑Res sub judice‑Consolidation of suits‑Plaintiff's' suit for declaration that they did not enter upon alleged contract with defendants and defendants be restrained from enforcing terms and conditions of such contract‑Defendants subsequently filing suit for damages on account of failure of plaintiffs to supply goods stipulated in said contract‑Contention that cause of action and subject‑matter in two suits being substantially and essentially same and plaintiffs, suit being earlier in time as such defendant's suit be stayed and both suits be not consolidated‑Contention, held, without force in circumstances of case Main consideration being avoidance of passing of contradictory decrees and multiple litigation one after other, consolidation of two suits by trial Court, held, proper, expedient and in interest of justice.
Janana De Malucho Textile Mills Ltd. v. Waqar Ahmad Chaudhary P L D 1972 S C 34 ; Sakhawat Hossain v. Chowdhury Muhammad Sarwar and another P L D 1968 Dacca 557 ; Syed Alauddin Ahmad v. Md. Mustafa P L D 1971 Dacca 286 ; Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan ; P L D 1970 S C 139 ; Pakistan Industrial Credit and Investment Corporation Ltd. v. Modern Embroidery & Textile Mills Ltd. P L D 1976 Kar. 249 ; Chaudhari Muhamad Afzal v. Mst. Sardar Begum P L D 1949 Lab. 16 ; Muhammad Younas v. Nargis Sultana P L D 1970 Lah. 41; Messrs Nigar Pictures v. Messrs United Brothers P L D 1970 Kar. 770 ; Adam Ltd. v. Muhammadi Steamship Co. Ltd. P L D 1963 Kar. 514 and Nur Elahi v. The State P L D 1966 S C A ref.
Court having jurisdiction to decide a matter‑Held, has jurisdiction to decide same rightly or wrongly, both in law and on facts.
Joy Chand Lal Babu v. Kamlakshah Chaudhury P L D 1949 P C 114 ; Muhammad Swaleh v. United Grain and Fodder Agencies P L D 1964 S C 97 and Habib Bank Ltd. v. Zaki Muhammad Siddiquie P L D 1979 Kar. 179 ref.
Muhammad Saleem Shahnazi for Petitioner.
Zia Mahmood Mirza for Respondents.
Dates of hearing : 28th and 29th September, 1980.
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