The doctrine of res judicata under the CPC is essential in protecting the finality of judicial decisions and stopping the multiplicity of litigation. Its software involves watchful Evaluation from the previous match’s character, get-togethers, subject matter, and the issues included.
This provision aims to avoid duplication of trials and conflicting decisions on exactly the same reason behind motion.
Mere non-availability of the important doc by using a income authority isn't going to automatically place to fraud.
Where the defendants threatens, or intends to remove or eliminate his house by using a view to defrauding his creditors; or
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Go well with for Partition and Application for Environment Aside Decree (PLJ 1998 Lahore 649): In partition fits, an software for location aside a decree on grounds similar to a former reward for the petitioner has to be supported by credible evidence, for instance present deeds.
In Pakistani civil litigation, there's no standard obligation to protect documents or other evidence when awaiting trial. However, the preservation of proof can be important for a party’s situation, and carelessness During this aspect could possibly affect the situation’s results.
Res Judicata in Parallel Fits (PLJ 2000 Lahore 800): Dismissal of a suit in one district can function as res judicata for a similar fit go to website in A different district involving exactly the same events and matter matter.
Financial institution Ensures: Courts have discretion in granting injunctions regarding the encashment of bank guarantees, taking into consideration contractual obligations.
Pakistani civil courts contain the authority to grant a wide array of substantive cures, primarily outlined within the Specific Reduction Act 1877. These incorporate:
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In Pakistan, judges Perform a pivotal purpose in civil proceedings as They are really the only real arbiters of the two law and truth.
The principle of “ultimate judgment” is vital and depends on whether the Supreme Courtroom dismissed the case on technological grounds or decided on merits.