Law: Civil Procedure Code (V of 1908)

Section: 11,151

(a) Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata---Order of dismissal in limine, finality of---Suit for declaration and permanent injunction---Two rounds of concurrent dismissal on ground of res judicata---Petitioner’s contentions were that the suit property was allotted to him by drawing lot on 24/05/1971 by the Assistant Commissioner under 15 Years Lease Scheme; that Constitutional petition was dismissed in limine without discussing/giving findings on facts; that the principle of res judicata was not attracted---Validity---Respondent’s review petition against said allotment was accepted by Member Board of Revenue on 10/04/1975---Petitioner challenged the same through Constitutional petition which was dismissed in limine on 21/11/1975---Order of High Court was not challenged further and the same had attained finality---Petitioner challenged order dated 10/04/1975 through the suit, which was concurrently dismissed on ground of res judicata---Order of High Court dated 21/11/1975 was final, binding on sub ordinate courts and the same could not be re-agitated before Civil Court---Contention that order in limine would not operate as res judicata carried no weight---Said order of the High Court was in constitutional petition and not in a suit, therefore S.11 of Civil Procedure Code, 1908 did not apply; but general principles of res judicata would apply---One should not be vexed twice by one/same cause---Review was allowed and allotment was cancelled mainly on the ground that alleged allotment was made after ceaser of the scheme---No illegality, irregularity and mis-reading/non-reading of evidence was found on the part of lower Courts---Revision petition was dismissed accordingly. Muhammad Chiragh-Ud-Din Bhatti v. The Province of West Pakistan (Now Punjab) through Collectors, Bahawalpur and 2 others 1971 SCMR 447; Sher Muhammad v. Province of Punjab through District Collector, Vehari and 2 others 1998 SCMR 2636; Muhammad Shafi and another v. Muhammad Bakhsh and another PLD 1971 Lah. 148; Abdul Majid v. Abdul Ghafoor Khan PLD 1982 SC 146; Mst. Rabia Bibi and others v. Fateh Muhammad through Legal Heirs 1994 CLC 1151 and Mukhtar Ali Khan and 2 others v.…

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