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Constitution of Pakistan (1973)-----Arts. 185 (3) & 199-- Civil Procedure Code (v of 1908), S.115 reap with S .11-- Revision--Writ petition--Order of High Court holding that attempt being made to reopen same matter all over again would be barred by general principle of res judicata found to be unexceptionable­ Leave to appeal refused. --[Res judicata]. Ch. Khalil-ur-Rehman, Senior Advocate Supreme Court and Zafar Pasha, Advocate Supreme Court for Petitioners. Nemo for Respondents. Date of hearing: 13th February, 1984. ORDER NASIM HASSAN SHAH, J.-- This petition for leave to appeal judgment dated 4-7-1983 passed by a learned Sing High Court in Civil Revision No.678 of 1983. The relevant facts are that the petitioners are vendees, again whom a suit for pre-emption was filed. When the suit was filed, two out of them, namely, Petitioners 1 & 2 herein, were minors. No of appeared to have contested the suit which was decreed ex parte 11-10-1976. On 22-11-1976, the petitioners filed an application for setting aside the ex parte decree, However, the two minor defendants in the suit thereafter wanted to disassociate themselves from this application and another application was filed by them on 15-11-1977 with draw the application for setting aside the ex parte decree to the extent their interest therein. Instead a writ petition was filed on their behalf before the Lahore High Court, Lahore (W.P. No. 2990 of 1976) challenge the decree on the ground that the said petitioners being minors, having been sued without the appointment of any guardian ad litem to defend them, the decree was a nullity. The writ petition was accepted by a learned Single Judge of the Lahore High Court by order dated 1-6-1977, who held that a minor not duly represented should be deemed never to have been a party to the proceedings and therefore, declared the ex parte decree passed against the minor petitioners to be without lawful authority and of no legal effect. The respondents, after unsuccessfully challenging the above or by an Intra-Court Appeal, applied to the learned trial Court for rev: of the suit by impleading the minor defendants through guardian litem. The trial Court, in fact,…

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