Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), Ss.11, 115 & O.II, R.2---Revision---Jurisdiction of High Court under S.115, C.P.C. exercise of---Principles of res judicata---Applicability---Filing of second suit in same cause of action against same parties---Duty and obligation of Trial Court---Earlier suit filed by petitioner was decided against him up to the level of Supreme Court---After being unsuccessful even in Supreme Court, the petitioner filed present suit on the plea that in earlier round of litigation, the respondent had concealed a notification which was necessary for the just decision of the case---Trial Court rejected the plaint on the basis of principles of res judicata---Judgment and decree passed by Trial Court was maintained by Appellate Court---Validity---Matter had been settled up to the apex Court, therefore, second suit qua the same subject-matter and relief, was not maintainable in view of S.11 and O.II, R.2, C.P.C.---In case Presiding Officer entertained such subsequent suit, then he would be prosecuted, therefore, there was no infirmity or illegality in the s of the Courts below---It was duty and obligation of the petitioner to show that s of Courts below were in violation of any principle laid down by the superior Courts or was the result of misreading or non-reading of record---Judgments of both the Courts below were in accordance with dictum laid down by Supreme Court---High Court in exercise of revisional jurisdiction did not find any infirmity or illegality in the s---Revision was dismissed in circumstances. Abdul Majid v. Abdul Ghafoor Khan and others PLD 1982 SC 146; Asif Jan Siddiqui v. Government of Sindh and others PLD 1983 SC 46 and N.S. Vankatagiri Ayyangar and another v. The Hindu Religious Endowments Board Madras PLD 1949 PC 26 rel. Ijaz Ahmad Khan-I for Petitioner. Mian Muzaffar Hussain, Legal Advisor of Respondent on Court's call. ORDER The brief facts out of which present revision arises are that the land of the petitioner measuring one Kanal bearing Khasra No.474/3 situated at Mauza Peer Kalan, Tehsil and District Lahore, was acquired by the respondent for residential scheme known as…

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