Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S.11---Res judicata---Findings of fact---Scope---Appellate Court framed additional issues which had already been decided in another suit and remanded the case for decision afresh--- Validity--- Additional issues framed by the Appellate Court had already been decided by the Trial Court---Findings of fact recorded in the previous suit would be res judicata in the subsequent suit---Declaration given by a court with regard to issues that had been decided therein would be res judicata---Framing of additional issues was hit by principle of res judicata as s and decrees in the suit had attained finality---Impugned and decree passed by the Appellate Court were set aside---Appeal was to be deemed to be pending before the Appellate Court for decision afresh on merits---Revision was allowed accordingly. Muhammad Akbar and others v. Mst. Sahib Khatoon and others 1991 SCMR 1196 and Pir Bakhsh presented by his Legal Heirs and others v. The Chairman, Allotment Committee and others PLD 1987 SC 145 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata---Applicability---Scope---Principle of res judicata would be applicable if court emanating the decision was competent to adjudicate the matter; matter directly and substantially in issue in the subsequent suit had been directly and substantially in issue in the former suit; former suit as well as present suit should have been between the same parties or between parties under whom they or any of them claimed or litigated under the same title in the former suit; court trying the former suit had been a court competent to try the subsequent suit and the suit in which such issue was subsequently raised had been heard and finally decided in the first suit. THIS ORDER PASSED BY: SHAHID MUBEEN, JUSTICE:---.--- Through instant civil revision under Section 115, C.P.C., the petitioner has called in question the legality and validity of impugned judgment and decree dated 10.03.2010 passed by the Additional District Judge, Jhelum whereby appeal of respondents Nos.1 to 3 was accepted and framed additional Issues Nos.1-A and 1-B and remanded the suits to the trial court for rehearing.…

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