Law:

Section:

(a) Civil Procedure Code (V of 1908)--S. 47---Objection to execution of decree---Question to be determined by Executing Court---Dispute was with regard to demarcation of Khasra number---Suit filed by predecessor-in-interest of respondent was decreed and the same attained finality---Petitioner filed two suits which were dismissed and then application under S. 47, C.P.C. was filed before the Executing Court on the ground of demarcation of disputed Khasra number---All the three Courts below dismissed the application of the petitioner ---Validity--­Application of the petitioner was misconceived for record showed that two earlier suits on same cause had been dismissed and application under S.47, C.P.C. was not tenable in the eyes of law---Demarcation of Khasra number being not within the purview of S.47, C.P.C. Courts below had rightly dismissed the application of the petitioner as the same was misconceived. (b) Civil Procedure Code (Y of 1908)--- ----Ss. 11 & 47---PrinAple of res judicata---Litigation between the parties was concluded by the Competent Court---Petitioner filed application under S.47, C.P.C. before Executing Court involving the same matter---Earlier litigation between the parties having concluded by competent Court after hearing the parties, principles of res judicata were attracted to the case. -Sh. Khalil-ur-Rehman, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 28th December, 1999. ORDER RAJA AFRASIAB KHAN, J.---On 30-10-1997, objection petition was filed by the petitioner, Ijaz Hussain in the Court of Civil Judge, 1st Class, Jhelum which was dismissed on 17-1-1998. He instituted Appeal No. 151 of 1998 against the decision of the trial Court. The appeal was dismissed by an Additional District Judge, Gujrat vide his judgment dated 7-10-1999. The petitioner filed Civil Revision No. 1795 of 1999 which was heard and dismissed by the Lahore High Court on 16-11-1999. The order of the High Court reads:-- "Mst. Resham Bibi, predecessor-in-interest of the respondents, filed a suit for possession against the father of the petitioner, which was allowed; thereafter, petitioner's…

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