Law:

Section:

Civil Procedure Code (V of 1908)---.--- ---.---O.VII, R. 11(d)---.---Rejection of plaint---.---Res judicata, principle of---.---Applicability---.---Trial Court rejected the application filed under O. VII, R. 11, C.P.C., however, the revisional court, reversing the findings of the Trial Court, found the present suit as being barred by principle of res judicata and directed the Trial Court to dispose of the suit accordingly---.---Validity---.---Parties had contested two suits for the same subject matter, the courts who had heard the parties were also the same---.---Plaintiff had filed the first suit against the Tehsilar and the second suit against the private respondents, Assistance Commissioner and Tehsildar---.---Reliefs prayed for through both the suits were also the same---.---Both courts below had passed a number of orders/ s in connection with the proceedings of previous as well as the present suit---.---Chief Court observed that courts should have avoided basing its orders on the aspects of technicalities of the case and given substantial justice to come to a correct conclusion as to the title of either of the parties to the suit land---.---Chief Court, setting aside the orders of the both courts below, remanded the matter to the Trial Court to thrash out the actual legal position of the present suit and the effects of the first suit on the maintainability of the same---.--Writ petition was allowed in circumstances. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:---.------ This writ petition has been directed against the judgment/decree dated 4-4-2015 of the learned Additional District Judge Hunza/ Nagar, whereby, he has accepted the Civil Revision No.02/2014 of the respondents Nos.1 to 3. Through the impugned order, said court has rejected the suit and has set aside the judgment/order dated 08-03-2014 of the learned Civil Judge Nagar that he passed in Civil Suit No.41/2013. 2. Petitioner/plaintiff filed Civil Suit (C.S. No.41/2013) in the court of Civil Judge First Class Nagar. Petitioner/plaintiff prayed through the said suit that he is owner of the suit land, measuring 50 kanals. In the plaint, petitioner/plaintiff averred that half of the suit land has…

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