Enhancement of Maintenance second suit

section 5 & 17, CPC section 11, suit for enhancement of maintenance allowance– second suit– Resjudicata– principle of — applicability— scope– Respondent filed suit for enhancement of maintenance allowance which was earlier fixed through a decree— trail court dismissed the suit whereas appellate court allowed the appeal and remanded teh suit for adjudication on merits— validity— family court act 1964 had not barred the filing of a second suit for enhancement of maintenance allowance—- second suit was only barred in cases where the matter was directly or substantially in issue in a former suit between the parties— earlier suit was for recovery of maintenance allowance but issue regarding its enhancement was neither raised nor was considered in that suit and thus was not in issue— section 11, CPC did not bar any subsequent suit, which was filed only for enhancement of maintenance allowance– appellant court had rightly remanded the case to the trial court…

2020 CLC 320 Balochistan

2005 CLC 1913