Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 11---Dispute as to ownership of the property---Principles of res judicata---Applicability---Essence of S.11, C.P.C.---Where any matter directly and substantially in issue between the two parties in the latter suit had been decided in a former suit then the latter suit would be barred--­Provision of Expin. IV to S.11, C.P:C. provided for the doctrine of constructive res judicata viz. that where any matter which might or ought to have been made a ground for defence or attack in the previous suit shall be deemed to be a matter in issue in the latter suit---Section 11, C.P.C. essentially postulated that the parties litigating against each other in the present suit must have been arrayed against each other in the past suit---Record and facts, in the present case. showed that the parties had never litigated in any adverse capacity previously except once, which in any event did not result in any final adjudication of their rights and obligations as the defendants' application was dismissed on the point of jurisdiction---Parties' rights and obligations as regards the suit property viz. as to who were the actual owners thereof in circumstances had not been determined in any forum whatsoever---Ingredients of S.11, C. P.C. , therefore, were not attracted to the facts of the matter. (b) Civil Procedure Code (V of 1908)--- ----O VII, R. 11---Rejection of plaint---Considerations---Even the contents of written statement/affidavits, in appropriate cases can be looked into when considering an application under O.V11, R.11, C.P.C. Ghulam Abbas v. Syed Abid Hussain Shah and 6 others 1994 MLD 2345; Muhammad Zaman v. Tariq Mahmood and 28 others 1994 MLD 207; Muhammad Yaqoob and 63 others v. The Province of Punjab through Home Secretary and another 1993 MLD 2419; Abdul Latif v. Manzoor Ahmed 1993 MLD 177 and Muhammad Buta v. Habib Ahmed PLD 1985 SC 153 ref. (c) Civil Procedure Code (V of 1908)--- ----S. 11-Res judicata, principle of---Applicability---Scope---Said principle can be applied to proceedings other than suits viz. Constitutional petitions, rent applications and cases before the Settlement Authorities. Wali Muhammad v. Mst.…

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