Law: Civil Procedure Code (V of 1908)

Section: 9,11,O.VII,R.11(d)

Law: Civil Procedure Code (V of 1908)

Section: 9,11,O.VII,R.11(d)

Law: Constitution of Pakistan, 1973

Section: 189,201

(a) Civil Procedure Code (V of 1908)------S. 11---Res judicata, doctrine of---Object and applicability---Judgment or order having decided a particular issue directly and explicitly would operate as res judicata and bar its trial in subsequent proceedings between the same parties---Where any matter which might and ought to have been made a ground of attack or defence in former proceedings, but was not made so, then such matter in order to avoid multiplicity of litigation and bring finality therein would be deemed to have been constructively in issue and decided---Object of such doctrine would be to uphold rule of conclusiveness of s as to points/issues decided earlier in every subsequent suit between the same parties and thereby bring litigation to an end---Principles. Ghulam Rasool son of Kalu v. Ghulam Rasool and others 2007 SCMR 1924; Abdul Hameed and another v. Dilawar Hussain alias Bhalli and others 2007 SCMR 945; Q.B.E Insurance (International) Ltd. v. Jaffar Flour and Oil Mills Ltd. and others 2008 SCMR 1037; Zahir Shah and others v. Bahadar Khan and others 2001 MLD 1785; Nawab v. Rehmat Khan 1995 MLD 1014; Raja Ghulam Haidar v. Major (R) Jamshaid Alama Khan 1991 MLD 1284; Muhammad Anwar and others v. Mian Noor Ahmad and others 1995 MLD 269; Mehboob Elahi v. WAPDA and others 1994 CLC 1337; Abdul Khaliq and others v. Khuda-e-Dad and others 2008 YLR 781; Muhammad Saleem Ullah and others v. Additional District Judge, Gujranwala and others PLD 2005 SC 511; Ghulam Muhammad and others v. Muhammad Hussain and others PLD 2006 Lah. 223; Hussain Shah v. Bano Bibi and 9 others 2007 CLC 680; Sardar Menhajudin Ahmad v. Sudhir Kumar Sinha and others PLD 1959 Dacca 316 ref. (b) Civil Procedure Code (V of 1908)--- ----Ss. 9 & 11 ---West Pakistan Land Revenue Act (XVII of 1967), Preamble---Orders made by Revenue Authorities under West Pakistan Land Revenue Act, 1967---Validity---Such orders would neither operate as res judicata under S.11, C.P.C. nor bar a party to establish his right or title to immovable property by invoking jurisdiction of Civil Court. Ghulam Rasool son of Kalu v. Ghulam Rasool and others 2007 SCMR 1924; Mir Rehman Khan and another v. Sardar…

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