| Case ID |
0ff24fa9-8e39-462e-8dc4-a4f2dac134d5 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition NO. I I of 1995 |
| Decision Date |
Apr 02, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused to grant leave to appeal against the judgment of the Peshawar High Court, which upheld the dismissal of the petitioners' claim for possession of land based on the principle of res judicata. The Court recognized that the petitioners had previously contested the same claim and were barred from raising it again. The High Court's judgment was deemed to have sufficient legal reasoning and was not found to be infirm. The petitioners were correctly precluded from re-agitating their plea for possession based on an earlier exchange agreement, as they had conceded that the subject matter was identical to the previous litigation. |
| Summary |
In this landmark case, the Supreme Court of Pakistan dealt with issues of res judicata under the Civil Procedure Code, particularly focusing on the implications of previous litigation on current claims. The petitioners sought to overturn a decision from the Peshawar High Court that had dismissed their suit for possession of land, arguing that a prior exchange agreement had not been adequately addressed. However, the Court emphasized the importance of finality in litigation, stating that the petitioners could not reassert claims already adjudicated. This decision reinforces the doctrine of res judicata, ensuring that once a matter has been conclusively settled, it cannot be relitigated. The ruling is significant for legal practitioners, particularly in property disputes, underscoring the necessity for parties to present all relevant claims in a single proceeding. The case is vital in understanding how courts interpret previous judgments and the binding nature of such decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH, C.J.,
IRSHAD HASAN KHAN,
MUHAMMAD BASHIR, JEHANGIRI
|
| Lawyers |
Fida Muhammad Khan, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Petitioners,
Mian Younis Shah, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record for Respondents
|
| Petitioners |
6 others,
RAB NAWAZ KHAN
|
| Respondents |
AZIM KHAN,
35 others
|
| Citations |
1998 SLD 971,
1998 SCMR 2727
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
11,
185(3)
|