Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Constitution of Pakistan, Arts.23, 189 & 201---Civil Procedure Code (V of 1908), S.11, Expln.VI & O.VII, R.11---Suit for declaration and injunction---Res judicata, principle of---Rejection of plaint---Public importance issue---Plaintiffs were residents of road in question and they assailed commercialization of the road---Defendants sought rejection of plaint on the plea that commercialization of road in question had already been decided in earlier proceedings in presence of plaintiff's registered Association--- Validity--- Once registered Association of residents of the area was present before Court and 'issue' of public importance for and on behalf of residents was raised by them and the Court had decided the 'issue', the individual members or other residents of same locality were bound by the decision of Court on that particular 'issue' in which they were very much interested and they could not claim that such decision of the Court on the said 'issue' was not binding on them because they were not individually party to that ---Plaintiffs were no other than the community of residents of same locality and the issue re-agitated by them through the suit had already stood answered by Division Bench of High Court, therefore, earlier was binding on them in terms of Expln.VI to S.11, C.P.C.---Plaintiffs abused process of Court in denying defendants to freely exercise their fundamental right to acquire, hold and 'dispose of property' guaranteed to them by Art.23 of the Constitution---Plaintiffs attempted to persuade the Court to pass orders against mandate of Arts.189 & 201 of the Constitution---Suit was dismissed with costs in circumstances. 2014 CLD 222; Irfan and 7 others v. Karachi Building Control Authority and 5 others 2005 CLC 694; Muhammad Chiragh-ud-Din Bhatti v. The Province of West Pakistan (Now Province of Punjab) through Collector, Bahawalpur 1971 SCMR 447; Abdul Majid and others v. Abdul Ghafoor Khan and others PLD 1982 SC 146 and Ardeshir Cowasjee and 7 others v. Karachi Building Control Authority (KBCA) through Chief Controller of Buildings, Karachi and 3 others PLD 2006 Kar. 63…