Law: Civil Procedure Code (V of 1908)

Section: 11,9

Law: Civil Procedure Code (V of 1908)

Section: 11,9

Law: Limitation Act, 1908

Section: 14,51,124

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), S.11---Constitution of Pakistan (1973), Arts.185(3) & 199---Limitation Act (IX of 1908), Arts.14 & 91---Suit for declaration---Notice of cancellation of plot challenged by petitioner in constitutional petition---Dismissal of such petition---Validity---Filing of suit by plaintiff after six years of service of such notice and dismissal of his constitutional petition on same cause of action by High Court and Supreme Court---Effect---All issues involved in suit were dealt with by Supreme Court in its order refusing to grant leave to appeal against order of High Court dismissing plaintiff's constitutional petition---Suit was dismissed for being barred by res judicata and limitation. PLD 1966 Kar. 31; 2005 SCMR 511; 2003 SCMR 1284; 1999 SCMR 2289; 1999 SCMR 705; 1997 SCMR 281; 1985 SCMR 464; PLD 1969 Dacca 9230; 1961 AIR 1457; AIR 1978 SC 1283; AIR 1989 SC 1764; AIR 1923 Mad. 514; Asif Jah Siddiqi v. Government of Sindh PLD 1983 SC 46; Mustafa Lakhani v. Pakistan Defence Officers Housing Authority, Karachi PLD 2005 Kar. 188; Yousuf Ali's case PLD 1958 SC 104; Home Secretary to the Government of West Pakistan v. Jan Muhammad and another PLD 1969 SC 333; Mansab Ali v. Amir and 3 others PLD 1971 SC 124; 1971 SCMR 4447; 1974 SCMR 230 and PLD 1982 SC 146 ref. Kunwar Mukhtair Ahmed for Plaintiff. Khalid Javed for Defendants. ORDER KHALID ALI Z. QAZI, J.--- This is a suit for declaration, possession and permanent injunctions filed by the plaintiff seeking the judgment and decree from this Court as under: (A) Grant declaration that the Order bearing No.DHA/SSI/WL-4559, dated 21-9-1999 upholding the earlier Order No.DHA/SSI/WL-4559/P&D, dated 1-7-1996 passed by the defendant No.1 cancelling the allotment of Commercial Plot No.24-C, Sunset Boulevard, Phase-II measuring 200 square yards in the Pakistan Defence Officers, Housing Authority, Karachi, is illegal, arbitrary, contrary to law, without jurisdiction, against the principles of natural justice, without lawful authority and the same as such is void and consequently of no legal effect and that late Mr. Bashir Ahmed,…

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