| Citation(s) |
|---|
| 2003 SLG 2458 2003 SLD 2458 2003 CLC 189 |
Sindh High Court
Suit No. 515 of 1993, decision dated: 15-01-2001.
SHABBIR AHMED, J
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Suit No. 515 of 1993, decision dated: 15-01-2001.
SHABBIR AHMED, J
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Mst. RUKHSANA TABASSUM SHAIKH --Plaintiff
VS
KAZIM IMAM JAN and others
Law:
Section:
(a) Res judicata-------Principle of---Object and scope---Principle is based on the need of giving a finality to judicial decisions---Principle of res judicata says that once a res judicata, it should not be adjudged again---Primarily the principle applies as between past litigation and future litigation---When a matter whether on a question of fact or on a question of law has been decided between two parties in final, either because no appeal has taken to a higher Court or because the appeal was dismissed, or no appeal lies, neither party would be allowed in a future suit or proceedings between the same parties to canvass the matter again---Principle of res judicata applies also as between the two stages in the same litigation to this extent that a Court whether the Trial Court or a higher Court having at an earlier stage decided a matter in one way does not allow the parties to re-agitate the matter again at a subsequent stage of the proceedings. Arjun Singh v. Mohindra Kumar and others AIR 1994 SC 993 ref. (b) Res judicata--- ----Principle of---Applicability---Interlocutory order---Scope--Interlocutory orders are of various kinds, some like orders of stay injunction or receiver are designed to preserve the status quo pending the litigation and to ensure that the parties might not be prejudiced by the normal delay which the proceedings before the Court usually take---Such orders do not in that sense, decide in any manner the merits of the controversy in issue in the suit and do not put an end to it even in part--Interlocutory orders are capable of being altered or varied by subsequent applications for the same relief, though normally only on proof of new facts or new situations which subsequently emerge---Interlocutory orders, as do not impinge upon the legal rights of parties to the litigation, the principle of res judicata does not apply to the findings on which these orders are based, though if applications were made for relief on the same basis after the same has once been disposed of the Court would' be justified in rejecting the same as an abuse of the process of Court.--[Interlocutory order]. Arjun Singh v. Mohindra Kumar and others AIR 1994 SC 993…
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