Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. II, R. 2---Specific Relief Act (I of 1877), S.12---Agreement to sell---Recovery of sale amount---Subsequent suit with leave of the court---Bar of O.II, R.2, C.P.C.---Applicability---Constructive res judicata----Scope---Plaintiffs filed suit for grant of decree of specific performance of agreement to sell which was dismissed but they were allowed to file a fresh suit for recovery of sale amount---Plaintiffs instituted suit for recovery of sale consideration which was partially decreed concurrently---Contention of defendants was that suit was hit by principle of constructive res judicata---Validity---Appellate Court allowed the plaintiffs to file a fresh suit for recovery of sale amount---Findings of Appellate Court had attained finality as same were not challenged by the defendants---Plaintiffs had instituted the present suit with leave of the court---Present suit did not fall in the barring clause of O.II, R.2, C.P.C.---Order II, R.2, C.P.C. did not contemplate omission or relinquishment of any claim of the plaintiff with the leave of the court---Plaintiff had been precluded from bringing subsequent suit to claim the relief earlier omitted except where leave of the court had been obtained---Plaintiff could not vex defendant again and again by multiple suits except in a situation where one of the several reliefs though available to him had not been claimed for a good reason---Subsequent suit for such relief might be considered only with the permission of the court which should be granted upon due satisfaction and for good and sufficient reasons---Present suit was not hit by the principle of constructive res judicata---Revision was dismissed in circumstances. (b) Appeal--- ----Appeal was in continuation of proceedings. JUDGMENT ROOH UL AMIN KHAN, J.--- Through the instant Revision Petition, the petitioners have sought annulment of the judgment and decree dated 12.7.2012, rendered by the learned Additional District Judge-V, Peshawar in Civil Appeal No. 63/13, whereby the appeal filed by the petitioners against the partial judgment and decree dated 23.11.2011 of learned Civil Judge-X, Peshawar, was dismissed. 2. The…

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