Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Specific Relief Act, 1877

Section: 42,8,54

(a) Civil Procedure Code (V of 1908)-------S. 11---Res judicata, principle of---Applicability---Scope---Doctrine of res judicata was applicable in a case where the matter in dispute had been considered and finally settled between the parties by, a court of competent jurisdiction; and such adjudication had 'conclusive effect upon the rights of the parties---First question for consideration by court was whether a matter directly and substantially in issue had been resolved by. the court of competent jurisdiction, could be re-agitated through a fresh suit---Point directly in issue between the same parties, and when finally concluded and attained finality, fresh suit with regard to the same matter between the same parties was not competent---Logic behind the rule of res judicata was that a party could not be vexed twice for the same cause, there must be some end to the litigation---Suits were based upon the cause of action; when was announced, the cause of action would merge into the ; and filing of fresh suit on similar cause of action would amount to dragging the innocent persons in unnecessary litigation. Ghulab and 6 others v. Muhammad Younis and 7 others PLD 1983 SC (AJ&K) 89; Muhammad Zaman v. Fazal Elahi and 20 others 2001 CLC 1514 and Ch. Shaukat Ali v. Province of Punjab and another 1989 SCMR 1254 ref. ' Shaikh Abdul Aziz v. Mirza and 3 others PLD 1989 SC (AJ&K) 78; Said Muhammad v. Karam Dad and 5 others 1999 YLR 117; Sakhiullah v. Habibullah 2011 SCR 133 and Isamdad Khan and another v. Muhammad Khurshid Khan and others [Civil Appeal No.52 of 2005, decided on 14-4-2012] rel. (b) Specific Relief Act (I of 1877)--- ----Ss. 42, 8 & 54---Suit for declaration, possession and perpetual injunction---High Court, in the present case, had passed the decree on the ground of adverse possession observing that adverse possession could be ascertained from other circumstances---No doubt for determination of adverse possession, other circumstances could be considered, but in the present case, considering the whole record, the possession of plaintiff was not proved to be adverse against the defendants---Decree for declaration on the ground of adverse possession…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492