| Case ID |
22874938-a5ab-4892-b4bc-530fbe649a2e |
| Body |
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| Case Number |
Suit Nos.1316, Civil Miscellaneous Application No. |
| Decision Date |
Aug 28, 1999 |
| Hearing Date |
|
| Decision |
The High Court rejected the plaint of Mst. Hameeda Shamim, ruling that the case was barred by the principles of constructive res judicata and limitation. The court determined that the plaintiff's claim had already been conclusively adjudicated in previous proceedings, and thus, the suit was deemed to be legally untenable. The plaintiff's arguments were found to reiterate previously dismissed claims, leading to the conclusion that the matter had attained finality. As a result, the plaint was rejected along with an order for the plaintiff to pay special costs amounting to Rs.25,000. |
| Summary |
The case of Mst. Hameeda Shamim against the Deputy Commissioner of Karachi South revolves around the rejection of her suit for declaration, possession, injunction, and cancellation of documents. The legal foundations were rooted in the Specific Relief Act, Civil Procedure Code, Limitation Act, and the Displaced Persons Act. The court found that the plaintiff's claims were barred by the principle of res judicata, as similar issues had already been litigated and decided in prior cases, which included appeals to higher courts. The plaintiff's repeated attempts to challenge the validity of prior decisions were dismissed, solidifying the ruling that the case could not be reopened. The decision underscores the importance of finality in judicial proceedings and the consequences of failing to adhere to the established legal principles governing such cases. Keywords include 'constructive res judicata', 'limitation', 'judicial finality', and 'Specific Relief Act'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHABBIR AHMED, J
|
| Lawyers |
M.M.K.A. Zai for Plaintiff,
Ch. Muhammad Rafiq, Addl. A.-G. for Defendants Nos. 1 to 4,
Akhtar Mehmood and Nadeem Akhtar for Defendant No.6
|
| Petitioners |
Mst. HAMEEDA SHAMIM
|
| Respondents |
7 others,
DEPUTY COMMISSIONER, KARACHI SOUTH, KARACHI
|
| Citations |
2003 SLD 2437,
2003 CLC 53
|
| Other Citations |
Abdul Majeed and others v. Abdul Ghafoor Khan and others PLD 1982 SC 146,
Pir Bux v. Chairman, Allotment Committee PLD 1987 SC 145,
Jan Muhammad v. Muhammad Khan AIR 1941 Lah. 169,
Shaikh Barkat Ali v. M.S. Zaman PLD 1968 Lah. 770,
Messrs Pakistan Tobacco Co. v. Pakistan Cigarette Labour Union PLD 1964 Kar. 33
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
8,
39,
42,
54,
11,
35-A,
O.VII, R.11,
Art.120,
10,
20(3)
|