Law: Civil Procedure Code (V of 1908)

Section: 32,48,11

Law: Specific Relief Act, 1877

Section: 54

Civil Procedure Code (V of 1908)--- ----O.XXI, R.32 Ss.48 11---Specific Relief Act (I of 1877), S.54---Suit for permanent injunction---Res judicata, principle of---Applicability---Decree for injunction---Execution petition---Limitation---Execution petition to enforce decree of injunction was dismissed being time barred under S.48 of C.P.C.---Plaintiffs filed second suit for permanent injunction but same was dismissed on the ground of res judicata---Validity---Period provided under S.48 of C.P.C. did relate to execution of decree other than injunction decree---Decree in the present matter had been passed in a suit for injunction cum declaratory one---Declaratory decree was not executable under O.XXI, R.32 of C.P.C. but injunction decree was executable under the said provision---No limitation did run against the decree of injunction and decree in favour of petitioners could be executed---Plaintiffs were forced to reinitiate the proceedings in the present suit but they had been non-suited on the ground of res judicata---Courts below had neither executed the earlier decree nor decided the present suit on merit---Case was remanded to the Trial Court for decision afresh on merits after framing of issues and recording evidence---Impugned s and decrees passed by the Courts below were set aside and parties were directed to maintain status-quo till disposal of suit---Revision was allowed, in circumstances. JUDGMENT MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE:----- This Civil Revision Petition is preferred against the judgment and decree dated 20.10.2015 and the judgment and decree dated 22-12-2015, respectively passed by the learned Civil Judge, Zhob (trial court) and the learned District Judge, Zhob, (appellate court), whereby the suit filed by the petitioners/plaintiffs has been dismissed and the appeal filed thereon was also declined. 2. Brief facts of the case are that the petitioners/plaintiffs filed a suit for Mandatory Injunction, wherein he stated that the petitioners/ plaintiffs are the lawful tenant of defendants in Cinema with the name and style of Dayal Talkies (presently known as Zhob Talkies) situated at Zhob bearing Survey No.51 part (old survey No.46), which…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492