| Case ID |
380e4bbf-bf5a-47a5-8e9a-84695b34fe71 |
| Body |
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| Case Number |
Second Appeal No. 27 of 1950 |
| Decision Date |
Feb 18, 1953 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled on the application of the principle of res judicata among co-defendants, asserting that there must be a conflict of interest for the principle to apply. The court emphasized that findings essential to support a judgment are what constitute res judicata. In this case, the court found that the previous decisions did not bind the present appellant, Allah Bakhsh, as he was only a pro forma defendant in the prior pre-emption suit. The court concluded that the transfer of property was genuine and dismissed the appeal, stating that parties must bear their own costs throughout. |
| Summary |
This case revolves around the principle of res judicata between co-defendants, focusing on the necessary conditions for its application. The Lahore High Court examined the past transactions between Allah Bakhsh and Tagia and their implications in a pre-emption suit regarding property rights. The court clarified that for res judicata to apply, there must be a conflict of interest, and the findings must be essential to the judgment. The court found that the previous ruling did not affect Allah Bakhsh, as he was not a necessary party in the earlier case, leading to the dismissal of the appeal. This case highlights the intricacies of property law and the rights of parties involved in litigation, emphasizing the importance of having a right to be heard in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KHURSHID ZAMAN,
B. Z. KAIKAUS
|
| Lawyers |
Ismat Ullah Khan,
Qutab-ud-Din Ahmad
|
| Petitioners |
ALLAH BAKHSH
|
| Respondents |
anothers,
TAGGIA
|
| Citations |
1953 SLD 118,
1953 PLD 199
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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