Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 & S. 11---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Cancellation of allotment of land---Collateral proceedings after decision by a competent Court---Res judicata, principle of---Applicability---Plaint, rejection of---Scope---Court had power to reject plaint suo motu if it came to the conclusion that same was hit by any of the provisions of O. VII, R. 11, C.P.C.---Present claim had already been adjudged by the court of competent jurisdiction---Principle of collateral proceedings was a settled rule under which a final decision by a competent court of jurisdiction could not be upset or interfered with---If a party had not preferred a remedy before higher forum then the decision rendered in the case would attain finality---Judgment earlier passed with regard to the dispute had attained finality---Issue having already been decided, could not be reopened through fresh lis, such suit was hit by principle of constructive res judicata and barred by law---Plaint was rejected in circumstances. [pp. 1101, 1102] A, B, C & D Ghulam Farid alias Farida v. The State PLD 2006 SC 53 and Nek Muhammad and another v. The State PLD 2007 Kar. 62 rel. THIS ORDER PASSED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- The present suit has been filed against official and private defendants in respect of a plot bearing No. B-112, measuring 400 Square Yards, situated in Sindh Baloch Cooperative Housing Society Limited, Gulistan-e-Jauhar, Karachi ("Society"). The grievance of plaintiff is that defendant No. 4-Society has illegally cancelled the allotment order and subsequently a registered Sub-Lease bearing No. 4149, dated 27.06.2005, which was in favour of plaintiff in respect of the above subject plot. Copies of the allotment order and ancillary documents with indenture of Sub-Lease have been annexed with the plaint as Annexures 'B' to 'B-5'. Today the matter is heard at length and on behalf of contesting defendant No. 5-Mst. Naheed Parveen, her husband appeared, who has filed a detailed written statement being the attorney of defendant No. 5-Mst. Naheed Parveen, in whose favour the present allotment of the…

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