Law: Constitution of Pakistan, 1973

Section: 189

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Constitution of Pakistan--- ----Art. 189---Civil Procedure Code (V of 1908), S. 11---Decision of Supreme Court binding on other courts---Res judicata, principle of---Order upheld up the High Court and Supreme Court challenged in separate proceedings by way of a Constitutional petition before the High Court---Legality and Constitutionality---Official in question had been a party to the proceedings before the High Court as well as the Supreme Court and to his knowledge, the order in question had been upheld by the Supreme Court, therefore he was not entitled, in any shape or form, to challenge the same order, in a devious and underhanded manner, by filing a Constitutional petition before the High Court---Said Official's actions in approaching the High Court in a fresh Constitutional petition, despite being party to the earlier proceedings throughout, and being represented up to the Supreme Court, was an attempt to undo and circumvent the orders of the Supreme Court, which could not be countenanced---No court in the country had the jurisdiction to interfere with and undermine the authority of the Supreme Court---Official filed the Constitutional petition in clear violation of the principles of res judicata enshrined in S. 11 of the C.P.C. and Art. 189 of the Constitution---Order passed by the High Court in the Constitutional petition was, thus, a nullity being coram non judice. Abdul Majid and another v. Qazi Abbas Hussain Shah 1995 SCMR 429; Advocate-General, Government of East Pakistan v. Benoy Bhusan Majumdar and 3 others PLD 1971 SC 179; Mirza Maqbool Elahi through Legal Heirs and 8 others v. Capital Development Authority and 3 others 1998 SCMR 1074 and Pir Bakhsh represented by his Legal Heirs and others v. The Chairman, Allotment Committee and others PLD 1987 SC 145 ref. (b) Succession--- ----Rule of Primogeniture---Agricultural land---Predecessor of the parties, who owned agricultural land in India, died in the year 1917 leaving behind four sons---After partition the four sons moved to Pakistan and three of them ("the claimants") filed a claim before the Settlement and Rehabilitation Authorities urging that the abandoned agricultural land pertaining to…

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