Ejectment of Tenant and Basic principle of Res Judicata (PLJ 1991 Karachi 434): In analyzing no matter if an ejectment application is barred by res judicata, it is critical to check the earlier scenario’s pleadings and defense with the current one particular.

The jurisdiction of civil courts in Pakistan is broad, encompassing several civil matters. Having said that, this jurisdiction is just not absolute and is particularly issue towards the provisions of special statutes along with the institution of specialized discussion boards.

Within the Pakistani legal framework, there isn’t a generalized obligation for parties to protect documents or other evidence although awaiting trial. The responsibility for evidence preservation doesn’t automatically use as it would in some other legal programs.

In civil fits, proof should be to be recorded day after day, and adjournments should really only be granted in Extraordinary situations with good reasons thoroughly recorded (P L J 1981 Supreme Court 484).

The court has the authority to order charges to get calculated based on genuine expenses incurred over the litigation course of action. On the other hand, it really is scarce for the courtroom to award prices, and when it does, it is commonly limited to amounts paid out By the use of court docket fees.

Substantive remedies obtainable in civil cases give legal methods to the different disputes and challenges introduced before the court docket. The execution of find more the civil courtroom’s decree is a crucial phase to make certain that the judgment is enforced and the legal rights with the decree holder are shielded.

Part 69 mandates which the provisions on the Third Plan utilize to all circumstances where the execution of a decree has been transferred for the Collector less than Portion sixty eight. This ensures that a standardized course of action is adopted.

Within the realm of hire and ejectment proceedings, the applying of res judicata needs a cautious Evaluation in the details and instances of each and every scenario. Courts need to evaluate whether the matters in problem have been specifically and significantly in situation in previous proceedings and no matter if Those people proceedings have reached a remaining and conclusive determination.

Orders to remain proceedings become productive promptly on becoming handed, and any actions taken following these types of orders can be considered null and void (P L J 1981 Lahore 296).

Fascination on Expenditures: The court may award interest on expenses at a charge not exceeding six % per annum.

The pendency of the match in a very overseas court will not preclude Pakistani courts from attempting a suit on precisely the same explanation for motion.

Instruments of artisans, implements of husbandry, and these kinds of cattle and seed-grain needed for an agriculturist’s livelihood

Purposes filed underneath Area 47 of your CPC, which bargains with queries associated with the execution, discharge, or gratification of decrees, are issue to the provisions with the Regulation Reforms Ordinance, 1972.

iv)                That the reason for action accrued in the event the premises was rented out to your Opponent & thereafter from time to time & at last if the Opponent failed to pay back the lease right after Feb 2002, and remains continued until filling of this application.