| Citation(s) |
|---|
| 1991 SLG 1110 1991 SLD 1110 1991 SCMR 1149 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.95-R of 1989, decision dated: 25-02-1990(On appeal from the judgment and decree of the Peshawar-High Court, Abbottabad Bench dated 30-11-1988 in C.R. No.49 of 1980)
MUHAMMAD AFZAL ZULLAH, C.J. AND RUSTAM S. SIDHWA, J
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Civil Petition for Leave to Appeal No.95-R of 1989, decision dated: 25-02-1990(On appeal from the judgment and decree of the Peshawar-High Court, Abbottabad Bench dated 30-11-1988 in C.R. No.49 of 1980)
MUHAMMAD AFZAL ZULLAH, C.J. AND RUSTAM S. SIDHWA, J
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Syed NIZAM SHAH
BABU ABDULLAH and others
Law:
Section:
Civil Procedure Code (V of 1908)--S. 11 & O. II, R.2---Constitution of Pakistan (1973), Art. 185(3)---Res judicata---Petitioner in earlier round had lost his case regarding land in dispute when his Constitutional petition was dismissed and decision in that petition acted as constructive res judicata---Subsequent proceedings would also appear to be incompetent by virtue of Order II, R. 2, C.P.C.---Courts below had already decided matter against petitioner---No merit in petition for leave to appeal existing---Petition was dismissed. Abdul Majid v. Abdul Ghafur Khan PLD 1982 SC 146 ref. ORDER RUSTAM S. SIDHWA J.---This is a petition filed by Syed Nizam Shah petitioner seeking leave to appeal against the judgment of the Peshawar High Court dated…
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