Law:

Section:

(a) Civil Procedure Code (V of 1908)----S. 11 read with Constitution of Pakistan (1973), Art. 199-Writ­Res judicata-Contentions raised by appellants in Letters Patent Appeal not upheld by High Court-Plea that by passage of time decree became unexecutable although could be raised by appellants during coup a of hearing of Letters Patent Appeal but they failed to do so ­Appellants, held, cannot raise a new action on basis of such plea and fact of decision given in Letters Patent Appeal having related to a writ matter cannot constitute a valid ground for not applying general principles of res judicata to suit brought by appellants with a view to avoiding effect of decree which stood test of scrutiny by High Court, firstly on civil side and then on writ side.-[Res judicata]. Muhammad Chiragh-ud-Din Bhatti v. The Province of West Pakistan 1971 S C M R 447, Muhammad Shafi and another v. Muhammad Bakhsh and another P L D 1971 Lah. 148 ref. (b) Civil Procedure Code (V of 1908)- -- S. 11-Res judicata-Petitioners filing suit after final decision of High Court in order to remove its effect so as to get their claims sanctioned from Rehabilitation Authorities-Contention that High Court decision would bar fresh inquiry before Rehabilitation Authorities only and not civil suit-Held : Not correct and High Court decision bars reopening of case in every forum whether of special or general jurisdiction, except by way of review or appeal-Provisions of S. 11 C. P. C. even if do not apply in terms to such cases general principles of res judicata would nevertheless be applicable. Commissioner of Income-tax, East Pakistan, Dacca v. Wahiduzzaman P L D 1965 S C 171 and Muhammad Swaleh and another v. Messrs United Grain and Fodder Agencies P L D 1964 S C 97 ref. (c) Special Relief Act (I of 1877)- -- S. 42-Declaratory suit-Contention that as observed in Muhammad Swaleh's case (P L D 1964 S C 97) even decisions of High Court and Supreme Court could be challenged before a Civil Judge 3rd Class, e held, misplaced and remarks in such behalf made in such only of general nature in field of jurisprudence on theoretical side, observing that once nullity brought before Court, Court entitled and…

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