Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Suit for declaration and possession---Rejection of plaint---Res judicata, principle of---Applicability---Plaint was rejected concurrently on the ground that an earlier suit filed by the plaintiff on the same subject matter had been dismissed---Validity---Plaintiff had filed an earlier suit which was dismissed on merits and thereafter plaintiff filed the present suit on the same cause of action after six years, which was hit by principle of res judicata---Court, while considering an application under O. VII, Rule 11, C.P.C. had to examine the plaint and also could look into and examine the undisputed and admitted material that may be made available by the parties on record---Plaint was rightly rejected---Revision was dismissed. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Concurrent findings of fact---No scope for interference in such findings in the exercise of revisional jurisdiction, which was essentially meant for correcting errors of law committed by subordinate courts---Revisional jurisdiction was restricted and narrower. Haji Muhammad Din v. Abdullah PLD 1994 SC 291 rel. JUDGMENT NAIMATULLAH PHULPOTO, J.---This Civil Revision Application under section 115, C.P.C. is directed against the concurrent findings of fact recorded by learned IVth Civil Judge and Judicial Magistrate, Larkana and VI-Additional District Judge, Larkana, rejecting plaint under Order VII, Rule 11, C.P.C. in Civil Suit No.1 of 2006 re. Mst. Rabia v. Abbas and another, for declaration and possession, brought by applicant Mst. Rabia against respondents. 2. Brief facts of the case of applicant Mst. Rabia as disclosed in plaint are applicant/plaintiff purchased Plot No.40 in Bhurgri Colony, Larkana, measuring 2862 sq. feet. Said plot was purchased from Mr. Abdul Ghafoor Bhurgri, Advocate, as attorney of Abdul Majeed, Abdul Salam and Abdul Samad Bhurgri through registered sale-deed on 13-6-1988, in the consideration of Rs.64,000 and it had no boundary wall. On the Eastern side of the plot in suit there are Plots Nos.41 and 39. It is mentioned that Plot No.39 is situated to the Northern side of Plot No.41.…

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