Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Res judicata, applicability of--Principle of res judicata was applicable to Constitutional petitions under Art. 199 of the Constitution---Issue involved in a Constitutional petition was no longer open to contest either on questions of law or of facts, by reason of an earlier decision, if the matter in issue, in the subsequent Constitutional petition, directly and substantively, was the same which was involved in an earlier decided Constitutional petition---A party could not be vexed twice in the same jurisdiction, and it was therefore clear that principle of res judicata was a principle of universal applicability. 2008 SCMR 105 and 2012 MLD 902 ref. Mirza Muhammad Yaqub v. The Chief Settlement Commissioner Lahore and another PLD 1965 SC 254; Muhammad Saleemullah and others v. Additional District Judge Gujranwala and others PLD 2005 SC 511 and Ghulam Akbar Lang v. Dewan Ashiq Hussain Bukhari and others 2012 SCMR 366 rel. (b) Res judicata, principle of--- ----Party could not be vexed twice in the same jurisdiction---Principle of res judicata was a principle of universal applicability. ORDER SALAHUDDIN PANHWAR, J.---The petitioner Messrs Eman Textile Mill through its Chief Executive Abdul Salam Arain has invoked the constitutional jurisdiction of this Court. 2. Concisely, facts set out in this petition, are that the petitioner is owner of Plot No.B-85 situated in Industrial Unit Site Area Sukkur; an abundant area of canal, owned by Irrigation Department was located at Muhag of Plot No.B-85, same was in possession of the petitioner, the petitioner raised Boundary wall on that Plot in 1983. The Plot No.B-62 is owned by respondent No.9, which is situated adjacent to the above referred Plot; the respondent No.9 with the help of official respondents demolished Boundary wall of the Plot, which was in possession of the petitioner, being aggrieved petitioner filed Petition Constitutional Petition No.D-2734 of 2011 before this Court, same was disposed of, subsequently petitioner came to know that the Plot in Muhag has been leased out to respondent No.9 by the high-ups illegally and…

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