Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 189 & 190---Decisions of Supreme Court binding on other Courts---Obligation of subordinate Courts---Foremost obligation of subordinate Courts was to show greatest respect to the s of the Supreme Court---Subordinate Courts, under the Constitutional command, were bound to comply with the same and to give true and full effect to the s of Supreme Court---Plain language of Arts. 189 and 190 of the Constitution, did not require any debate nor it was susceptible to any different interpretation---Non-compliance or violence, of decision of Supreme Court would expose Judicial Officer of the subordinate Court to grave consequences---Subordinate Courts were duty bound to faithfully comply with such decisions---Subordinate Courts were neither permitted to make pick and choose, in the matter nor could they make a departure from same on any ground much less a technical one-- -Fundamental obligation of the Courts was to kill frivolous lis in its very inception--­Efforts made day and night by the Superior Courts would receive grave set back if the subordinate Courts would act the other way or failed in their duty to check and counter frivolous/malicious litigation---General public would also lose confidence in the system if matters already closed and becoming final were allowed to be re-opened through dirty tactics and tricks based on technicalities. Sultan Ahmed Sharif v. Mathura Mohan Chowdhury and others PLD 1958 Dacca 36; Pusapati Ramabhadra Raju v. Avitha Ramanna and others AIR 1952 Mad. 125; ILR 14-L 230; Muhammad Ashraf and others v. Federation of Pakistan and 3 others 1999 SCMR 336 and Imtiaz Ahmad v: Ghulam Ali PLD 1963 SC 382 ref. (b) Civil Procedure Code (V of 1908)---­ ---S. 11 & O.XXI, Rr. 10 & 24---Constructive res judicata, doctrine of---Applicability---Doctrine of constructive res judicata was squarely applicable in the case where respondents had made a crude attempt to re-open "case/matter" which was finally and conclusively decided---Such action amounted to wanton act of infusion a life into a dead body--­Objection petition filed by respondents without any fear of rebuttal could be termed on its face…

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