Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Code Of Civil Procedure, 1908.

Section: II,XXIII

Law: Qanun-e-Shahadat Order, 1984

Section: 114

Summary

The Supreme Court of Pakistan dismissed a petition for leave to appeal under Article 185(3) of the Constitution against an Islamabad High Court judgment in a civil revision. The petitioners repeatedly challenged mutation No.1670/1940 through multiple suits and proceedings but failed to pursue higher forums after dismissals, instead filing fresh suits barred by res judicata, the doctrine of election, and procedural rules. All lower courts concurrently rejected the claims, finding no substantial question of law or illegality warranting interference.

Core Points

• Petitioners' predecessor filed a 1991 suit for declaration and cancellation of mutation No.1670/1940, dismissed in 2002, upheld on appeal in 2004, and revision dismissed by IHC in 2015.
• A second suit in 2014 for rectification of the same mutation was dismissed in default in 2016; restoration and withdrawal applications were denied without permission for a fresh suit.
• Correction to mutation No.1670/1940 was made in 2014 by Additional Deputy Commissioner Revenue, upheld on review in 2015; petitioners filed a third suit against related mutation No.8225/2014 instead of higher revenue appeals.
• IHC applied the doctrine of election (citing Trading Corporation of Pakistan case), barring parallel proceedings under Order II Rule 2 CPC and Article 114 Qanun-e-Shahadat Order, 1984.
• Third suit violated Order XXIII Rule 1 CPC due to lack of court permission for fresh filing after withdrawal denial.
• No substantial question of law shown; petition dismissed as concurrent findings by lower courts were proper.

Laws and Sections

ORDER