Law:

Section:

Contempt of Court--- ---- Civil Procedure Code (V of 1908), S.11---Constructive res judicate---Parties had been litigating almost for three decades and plaintiff-petitioner had remained unsuccessful right up to Supreme Court---On first round of litigation, petitioner had been raising various pleas available to him before different forums and at no stage their validity had been accepted---Grounds raised at later stage in revision, were always available to petitioner and he could press them into service, but he failed to do so---If petitioner had omitted to press such pleas, he could not make use of same at later stage because principle of constructive res judicata would operate against him--­After finalization of controversy at highest level no justification was available for petitioner to reagitate same question before Trial Court, lower Appellate Court and finally before High Court---Petitioner having been repudiating clear findings of High Court and Supreme Court, he and his counsel all were guilty of contempt of Court and they could be proceeded against accordingly if respondents would make a move to that effect. ORDER This civil revision arises out of the judgment and decree, dated 1-6-1992, by which a learned. Additional District Judge, Gujranwala, dismissed the appeal of the plaintiff-petitioner against the judgment and decree, dated 13-6-1991, whereby a Civil Judge at Gujranwala had dismissed his suit. 2. The brief facts of the case as embodied in the pleadings of the parties are these:-- 3. The suit land had been allotted to the predceessors of the respondents in the year 1955 in lieu of mortgagees' rights. Subsequently in the year 1958 the petitioner was allotted the suit land besides some other land as a refugee from Jammu and Kashmir for 'gum a' and since then he has been in possession thereof. The allotment of the predecessors of the respondents was cancelled by the Assistant Consolidation Officer on 30-4-1961 on the ground that they had not satisfied the requirements of temporary allotment. Their appeal against this order was dismissed by Deputy Rehablitation Commissioner (Lands) on 1-12-1962 while their revision was dismissed by the Additional…

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