Law:

Section:

(a) Civil Procedure Code (V of 1908)--- S.11 --- Res judicata, principles of --- Section 11, Civil Procedure Code, 1908, being not exhaustive, would not exclude application of the general principles of res judicata.-J Res judicata (b) West Pakistan Family Couils Act (XXXV of 1964)--. S. 5 & Sched.---Res judicata. --- Finding of Family Court in the dower suit relating to relinquishment deed was by a Court of competent jurisdiction --- Such finding would operate as a bar on-the general principles of res judicata --- Finding of Civil Court and that of Revisional' Court in subsequent round of litigation in holding that validity of deed , of relinquishment determined by Family Court did not operate as res- judicata was not warranted- --General principles , of res judicata would, be applicable in such cases.-- [Res judicata Rehmat Ullah v. Ali Muhammad and another PLD 1983 SC 1064 and Mir Salah-ud-Din v. Qazi Zaheer-u ~_Din PLD 1988 SC 221,rel. JUDMENT This petition under Article 199 of the Constitution seeks to have the order of the learned Additional District Judge, Lahore dated 22-2,19% declared to have, been made without, lawful authority and to be of, no legal effect. 2. The petitioner, Muhammad Yaqub Jaived and the respondent, Mst Azra Parveen are husband' and wife At appears that the respondents marriage with the petitioner was in lieu -of Rs. 40,600 as dower'. The respondent' brought a suit for the recovery of that sum in" the Family Court; in that suit, the petitioner's defence was that by a deed dated 19-5-1982, the respondent' had relinquished her right to the dower money. One of the questions tried 'in the suit, therefore, was whether the respondent had so relinquished her right by the deed dated 19-5-1982. The respondent also instituted a suit in the Civil Court for the cancellation of the deed dated 19-5-1982. Both the suits were tried by the same Civil Judge; one as a family suit and the other as a civil suit. By his judgment dated 23-9-1985, the learned Family Judge found, in the dower suit, that there was a valid relinquishment; accordingly, both the suits were dismissed. The respondent took appeals to the District Court. The learned Additional…

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