| Citation(s) |
|---|
| 2025 SLG 1580 2025 SLD 1580 = 2025 SCMR 430 |
C.P.L.A. No. 159-P of 2014, decided on 21st November, 2024. (Against the judgment dated 18.11.2013 passed by Peshawar High Court, Peshawar in C.R. No. 1374 of 2010).
resent: Sardar Tariq Masood and Mazhar Alam Khan Miankhel, JJ
Muhammad Shoaib Khan, Advocate Supreme Court for Petitioners (through video link Peshawar). Muhammad Javaid Yousafzai, Advocate Supreme Court for
Respondents (through video link Peshawar) Date of hearing: 21st November, 2024
ZAKIRULLAH and others ---Petitioners
VERSUS
MUHAMMAD REHMAN and others ---Respondents
Law: Partition Act, 1893
Section: 4
Partition Act (IV of 1893)---
----S. 4---Specific Relief Act (I of 1877), Ss.42 & 54---Civil Procedure Code (V of 1908), S. 11 & O.VII, R.11--- Suit for partition---Res judicata, principle of--Applicability---Rejecting of plaint---Suit filed by petitioners/plaintiffs was rejected by Trial Court on the ground that earlier suit for declaration regarding same property was not decided---Validity---Right of partition is an independent right and cannot be connected with any previous suit even with regard to the same property and cannot be declared as barred by O. VII, R. 11, C.P.C.---Supreme Court set aside judgments and decrees passed by three Courts below and matter was remanded to Trial Court for decision afresh on merits---Appeal was allowed.