Civil Law, Rejection of Plaint, Second Suit

PLJ 2016 PESHAWAR 253

O.7 R.11 C.P.C
Where a plaint is rejected, plaintiff would be allowed to bring a second suit on same cause of action… When plaint is rejected for non-affixation of proper court fee or for any other technical reason then of course a plaintiff would be entitled to bring a second suit subject to law of limitation but if the plaint is rejected on merit after proper adjudication of core issues e.g as to non-existence of cause of action then same will legally operate as res-judicata and consequently a plaintiff would not be allowed to file a second suit on same cause of action.

Post excerpts

Leave a Reply

Your email address will not be published. Required fields are marked *