Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1---Withdrawal of suit---Scope---Where a suit was allowed to be withdrawn with permission to file fresh one, it should be regarded as the previous suit had never been brought and if at the time of withdrawal no condition was imposed then plaintiff would be at liberty to file fresh suit. (b) Civil Procedure Code (V of 1908)--- ----S. 11---Res-judicata, principle of---Applicability---Conditions---Essential condition to establish the plea of res judicata would be that the matter in issue and material points in dispute between the parties in the earlier litigation were directly and substantially in issue in the subsequent litigation---If matter in issue in the subsequent litigation was not substantially decided in the earlier litigation then it would not be res judicata actually or constructively---Principles of res judicata were not applicable where the subject matter in the previous and subsequent proceedings was different. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---Revisional jurisdiction of High Court was limited---High Court could not set aside concurrent findings of facts recorded by the court of competent jurisdiction nor it could upset the same unless such were shown patently illegal, without jurisdiction or the result of mis-reading and non-reading of evidence, based on conjectural presumptions or erroneous assumption. Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291; Abdul Rahim and another v. Mrs. Jannatay Bibi and 13 others 2000 SCMR 346; Muhammad Rashid Ahmed v. Muhammad Siddique PLD 2002 SC 293 and Muhammad Idrees and others v. Muhammad Pervaiz and others 2010 SCMR rel. JUDGMENT ROOH-UL-AMIN KHAN, J.---This common judgment shall dispose of the instant civil revision petition as well as connected C.R. No.12-B/2008, titled, "Shahid Khan and others v. Sardaraz Khan and others" as both have arisen from one and the same judgment and decree passed by the learned Additional District Judge-III, Bannu dated 20-5-2008, whereby appeals of the petitioners were dismissed and the judgment and decree of the trial Court was maintained. 2.…

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