Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code, 1908

Section: O.II R. 2 , O.XXIII R. 1

PLJ 2026 SC 203 [Appellate Jurisdiction] Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, 1908 (V of 1908), O.II R. 2 & O.XXIII R. 1--Suit for Declaration--Cancellation of Mutation--Dismissed--Second suit regarding same mutation--Dismissed in default--Application for restoration and withdrawal was also dismissed--Multiple suits--Same cause of action--Doctrine of election--Parallel remedies--Abandonment of earlier proceedings--Bar under O.II & R. 2, CPC--withdrawal without permission--Order XXIII Rule 1, CPC--Fresh suit--Revenue hierarchy--Revisional jurisdiction--Concurrent findings--No substantial question of law--Leave refused--When a person chose to initiate proceedings through a forum parallel to other forum, he could not recourse to other one by abandoning election already made and such action was barred under Order II Rule 2 read with Article 114 of Qanun-e-Shahadat Order, 1984--No permission to file fresh suit was granted by trial Court as application for restoration and withdrawal was dismissed and third suit was blatantly barred by Order XXIII Rule 1 CPC--When all three Courts below concurrently, while construing law on subject, non-suited petitioner(s) and no substantial question of law or any illegality in impugned judgment was pointed out warranting interference, no case for grant of leave was made out--Petition failed and leave was refused--Petition dismissed.           [P. 205] A & B Order Shahid Bilal Hassan, J.--This petition under Article 185(3) of the Islamic Republic of Pakistan, 1973, seeking leave to appeal, has been filed against judgment dated 03.06.2025 passed in C.R. No. 06 of 2019 by Islamabad High Court, Islamabad. 2.       Facts can easily be recapitulated from the impugned judgment, which do not need to be reproduced here. 3.       Heard. 4.       Considering the arguments and perusing the record, it has surfaced that earlier, Mr. Mehboob Sultan (late), predecessor in interest of the petitioners instituted a suit for declaration and…