Law: Civil Procedure Code (V of 1908)

Section: 11,3

Civil Procedure Code (V of 1908)--- ----S. 11 O. XXIII, R. 3---Res judicata, principle of---Scope---Compromise in suit---Compromise decree, not binding on non-signatories---Scope---Suit filed by applicant was dismissed on the ground that the earlier suit had already been decreed against him, therefore, suit filed by applicant fell within the ambit of principle of res judicata---Validity---Two defendants, in the earlier suit, had filed a compromise application and the suit was decreed in terms of compromise against all the defendants was not signatory of that compromise application and decree was passed in terms of contents of the compromise application, which was not binding on others---Such like compromise could not attain the status of issue decided which, once decided by a competent court of law, was binding upon all to such extent unless the same was got set aside by third party by resort of legal course---Impugned s recorded by the courts below were set aside and the case was remanded to the Trial Court for decision on merits---Revision application was disposed of accordingly. Muhammad Iqbal v. Khair Din 2014 SCMR 33 and Yousuf Soap Factory v. Deputy Registrar of Trade Mark and others 2003 CLD 614 rel. ORDER SALAHUDDIN PANHWAR, JUSTICE:---.--- By consent application (C.M.A. No.4585 of 2019) is allowed. 2. Heard learned counsel for respective parties at length. Apparently, Suit No.118/2003 filed by the applicant was dismissed. It would be conducive to refer the relevant paragraph of impugned judgment of trial Court, whereby plea of learned counsel for respondents that Suit No.168/1995 was decreed against the applicant, as well as against other defen-dants, hence suit filed by present applicant falls within the ambit of res judicata:-- ..It is also an admitted fact that the decree in Civil Suit No.168/ 1995 has already been given by the Court of Senior Civil Judge Malir against the plaintiff who were the defendants in the said suit regarding the property in question, but said decree not been challenged by the plaintiff. Plaintiff has also failed to establish that how he is the co-owner or co-share(r) of the agricultural land bearing Survey No.23, Deh Thano…

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