Law:

Section:

Civil Procedure Code (V of 1908)--S. 11---Constitution of Pakistan (1973), Art. 185(3)---Res judicata, principle of---Applicability--- Previous litigation between parties related to same property as was being agitated in subsequent litigation---Previous litigation was concluded by order of High Court passed on 19-11-1985---Such being the admitted position, principle of res judicata was applicable to subsequent litigation and same was rightly resorted to by the High Court---No ground for interference in the and decree passed by High Court was made out---Leave to appeal was refused in circumstances. --[Res judicata]. ORDER MANZOOR HUSSAIN SIAL, J.---Wali Muhammad petitioner, herein; seeks leave to appeal against judgment and decree dated 22-6-1992 of the Lahore High Court passed in Civil Revision No. 489-D/1992. 2. The petitioner claims that he was transferred three rooms constituting part of property No. 65 by the Deputy Settlement Commissioner on 23-12-1959. It is alleged that out of these rooms he gave one room to Aitbari the predecessor-in-interest of the respondents. He filed form for the transfer of that room but the same was rejected on 16-9-1967, holding that the room was not available for transfer. On appeal preferred by him the Additional Settlement Commissioner on 31-1-1974, held that the room was available and remanded the case to the Deputy Settlement Commissioner…

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