Law:

Section:

Civil Procedure Code (V of 1908)--S. 11 & O. II, R. 2---Constitution of Pakistan (1973), Art. 185(3)---Plaintiffs' suit for declaration and permanent injunction to the effect that they were co-owners of property in question was dismissed throughout up to revision by High Court on the ground that suit was barred by constructive res judicata as also by the provisions of O.II, R.2, Civil Procedure Code, 1908---Leave to appeal--­Plaintiff could not show that previous cases/decisions with regard to property in question could not operate as res judicata---Question of constructive res judicata even if looked at from plaintiffs' point of view, petition for leave to appeal would not succeed on that hypothesis either---Questions raised in the litigation having been raised and decided previously, present litigation would be barred by res judicata, and if subject-matter of present litigation could not be brought within the net of previous litigation, O.II, R.2, Civil Procedure Code would be a bar--­Looked at from whatever angle, petition for leave to appeal was not maintainable---Leave to appeal was thus refused in circumstances. ORDER MUHAMMAD AFZAL ZULLAH, C.J.--- The plaintiffs' side (in his suit for declaration and permanent injunction to the effect that they were co-owners in possession of the suit property, the contesting defendants were wrongly entered as owners in the revenue papers) having lost the case throughout up to the dismissal of civil revision by the High Court, have called in question the revisional order through this leave to appeal petition. Learned counsel has…

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