Law:

Section:

Civil Procedure Code (V of 1908)--- ----0.11, R.2---Applicability---Earlier suit was based on agreement of sale; subsequent suit arose out of right of pre-emption under Muhammadan Law--­Cause of action in latter suit was distinct and different from the former--­Plaintiff's grievance in subsequent suit did not flow from same transaction but arose out of a right under Muhammadan Law---Defendant had also not raised any objection as to maintainability of subsequent suit in his written statement and no issue was framed in respect thereof---Subsequent suit was thus, no; barred under 0.11, R. 2, Civil Procedure Code, 1908 Abdul Hakim and two others v. Saddullah Khan and 2 others PL() 1970 SC 63, Qalendar Din and 4 others v. Rasul Khan 1991 SCMR 525; Pir Muhammad and others v. Ahmed Sultan and others PLD 1968 Kar. 526; Saadullah Khan and others v. Pir Piayo Khan and 14 others PLD 1970 Pesh, 150; Dhani Bux v. Chhajoo Khan 1985 M L D 1563; Allah Dad v. Mehmood Shah and others 1991 SCMR 418; Rehmat Khan and 3 others v. Rebmat Khan and another PLD 1991 SC 275; Habib Bank Ltd. v. Green Garments Manufactureres and 2 others PLD 1978 Kar. 1027 Pakistan State Oil Co. I,td. v. The Karachi Electric Supply Corporation Ltd. and 24 others PLD 1991 Kar. 365 Barkat v. Muhammad Sadiq and others 1990 CLC 1532 ref. JUDGMENT This Revision Petition under section 115, C.P.C. is directed against the judgment and decree dated 21-6-1986 passed by learned IIIrd Additional District Judge, Shikarpur whereby he had set aside judgment and decree dated 17-3-1984 passed by Joint Civil Judge, Shikarpur in Civil Suit No.33/80 filed by the petitioner against the respondents. Briefly stated the facts of the case are that the petitioner claims to be the absolute and exclusive owner of House bearing C.S. NoA-12/264 and 265 situated Boot Bazar Shikarpur. Adjacent to said house is situated a plot bearing C.S. NoA-12/266 which was owned by one Hakeemullah Pathan. Upon death of said Hakeemullah Pathan the said plot devolved on respondents Nos.1 to 5 who, at the time of his demise were his legal heirs. By an agreement dated 10-5-1978 respondents Nos.1 and 2 on their behalf as well as on behalf of minors…

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