| Citation(s) |
|---|
| 2008 SLG 1645 2008 SLD 1645 2008 SCMR 659 |
Supreme Court of Pakistan
Civil Petition No.3231-L of 2003, decision dated: 15-07-2004.(On appeal from the judgment of the Lahore High Court, Lahore, dated 20-10-2003 passed in C.M. No.579-C of 2002 in R.S.A. No.323 of 1973)
MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
Mehdi Khan Chuhan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Ch. Muhammad Ashraf Wahlah, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for
Respondents Nos.2 to 4. Syed Naveed Sheryar, Advocate Supr
Civil Petition No.3231-L of 2003, decision dated: 15-07-2004.(On appeal from the judgment of the Lahore High Court, Lahore, dated 20-10-2003 passed in C.M. No.579-C of 2002 in R.S.A. No.323 of 1973)
MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
Mehdi Khan Chuhan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Ch. Muhammad Ashraf Wahlah, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for
Respondents Nos.2 to 4. Syed Naveed Sheryar, Advocate Supr
NAZIR AHMAD and others
VS
AKHTAR MEHMOOD and others
Law:
Section:
Civil Procedure Code (V of 1908)---Ss. 11 & 12(2)---Constitution of Pakistan (1973), Art.185(3)---Res judicata---Plea of fraud and misrepresentation---Leave to appeal was granted by Supreme Court against order of High Court whereby application under S.12(2), C.P.C. was dismissed and petitioners had contended that High Court had erred in law in applying the principle of res judicata when previous was challenged on the ground of fraud and misrepresentation and that when issues on merits were not decided, principles of res judicata would not apply and petitioners could not be non-suited. ORDER MIAN MUHAMMAD AJMAL, J.--- Leave to appeal is sought against the order of a learned Judge in Chambers of the Lahore High Court, Lahore dated 20-10-2003, whereby application under section 12(2),…
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