Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Constitution of Pakistan, 1973

Section:

  Civil Procedure Code (V of 1908)-- ---- S. 11 --- Rehabilitation Settlement Scheme, para.15 --- Constitution of Pakistan (1973), Art.199 --- Res judicata, principle of --- Applicability --- Question relating to partition of Khata jointly owned by locals, and- non-Muslim evacuees --- Effect of decision of Supreme Court in earlier litigation --- Parties in first round of litigation had gone upto Supreme Court where transfer of Khasra numbers in question in favour of contesting respondent was upheld --- Supreme Court's decision of a lis, in any kind of proceedings would operate as res, judicata and same would have the effect of precluding petitioner from assailing it once again on any ground whatsoever including want of notice as to partition, its mode, possession or valuationwise. Constitution of Pakistan (1973)--- ---- Art. 199 --- Rehabilitation Settlement Scheme, para.15 --- Constitutional jurisdiction, exercise of --- Laches, --- Effect --- Partition of Khata in question, was ordered on 22-9-1971, while Constitutional petition was filed on 5-1-1989 i.e. eighteen years after order of partition was passed --- Besides partition other orders passed at various times were also assailed in Constitutional petition and no attempt had been made to explain laches --- No cogent reason was shown to file Constitutional petition after a long wait, all the more when petitioners had themselves been litigating upto Supreme Court in earlier round of litigation-- Long laches would be a hindrance in petitioner's way in questioning legitimacy of orders passed by Authorities many years earlier --- Constitution petition was dismissed as suffering from laches. Mehr Dad v. Settlement and Rehabilitation Commissioner, Lahore Division, Lahore and others P L D 1974 SC 193; Janimal and others v. Deputy Rehabilitation Commissioner (D.C. 8anghar) and others 1989 C L C 551; ismail Khan v. Shahzad Hussain and others 1984 S C M R 599; Syed Mir Ahmad Shah v. Pakistan and others 1986 S C M R 1200 and Settlement Authority through the Chief Settlement Commissioner, Lahore and another v. Mst. Akhtar Sultana P L D 1976 SC 410 ref. Rehabilitation Settlement Scheme--- ---- Para.…