| Case ID |
0f8ec0e4-54ad-457f-b1b8-07873a410f42 |
| Body |
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| Case Number |
Civil Petition No. 92 P of 1978 |
| Decision Date |
Dec 03, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitioners' appeal, upholding the decision of the Peshawar High Court. The court found that the previous litigations did not establish res judicata as the respondents were not parties to the earlier cases, and the points raised in the High Court, although not pressed in the Supreme Court, were deemed unexceptionable. The court ruled that the petitioners could challenge the incorrect mutation entry and that the earlier decisions did not bind the respondents. |
| Summary |
In the case of Civil Petition No. 92 P of 1978, the Supreme Court of Pakistan dealt with issues of property ownership and the doctrine of res judicata under the Civil Procedure Code. The case revolved around a dispute regarding land ownership, where the petitioners claimed ownership based on earlier decisions that were not binding on the respondents. The court held that the previous judgments did not apply as the respondents were not parties to those cases, thus allowing them to seek correction of the erroneous land records. This case highlights the importance of party involvement in litigation and the principles governing res judicata, which are crucial for anyone involved in legal disputes over property ownership. The decision reflects the court's commitment to ensuring justice by allowing parties the right to challenge faulty legal entries, reinforcing the significance of accurate legal documentation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
MUHAMMAD AFZAL ZULLAH, J
|
| Lawyers |
Anwar H. Mir, Advocate Supreme Court,
M. Qasim Imam, Advocate-on-Record
|
| Petitioners |
MOHAMMAD BAKHSH AND OTHERS
|
| Respondents |
MOHAMMAD AKBAR AND OTHERS
|
| Citations |
1980 SLD 259,
1980 SCMR 353
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
11
|