| Case ID |
3cf05425-e95a-4c30-b5d6-bfe400667bd2 |
| Body |
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| Case Number |
Suit No. 95 of 2006 |
| Decision Date |
Feb 15, 2006 |
| Hearing Date |
|
| Decision |
The court found that the suit was barred by the principle of res judicata under Section 11 of the Civil Procedure Code, as a similar dispute had already been decided in an earlier matter. The plaintiff's claim for administration, partition, and permanent injunction was dismissed, as the subject matter had already been addressed in a previous case where a Letter of Administration had been granted. The court determined that the plaintiff failed to show any justifiable reason for maintaining the current suit despite the ongoing appeal regarding the earlier decision. The suit was dismissed with no order as to costs. |
| Summary |
In the case of Suit No. 95 of 2006, decided by the Sindh High Court, the primary legal issue revolved around the principle of res judicata as outlined in Section 11 of the Civil Procedure Code, 1908. The plaintiff, KHURSHEED AHMED, sought administration, partition, and permanent injunction concerning a property previously subject to a Letter of Administration granted to the defendant, FAYYAZ AHMAD. The court emphasized that the appeal against the earlier decision was still pending, thus rendering the current suit non-maintainable. The ruling highlighted the importance of addressing similar disputes through established legal channels, reinforcing the necessity of judicial efficiency and finality in legal proceedings. This case underscores the critical nature of understanding administrative law and the implications of prior judgments in ongoing legal disputes. Keywords related to this case include 'civil procedure', 'administration of estate', 'partition suits', and 'legal representation'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
GULZAR AHMAD, J.
|
| Lawyers |
Mr. Saathi M. Ishaque
|
| Petitioners |
KHURSHEED AHMED
|
| Respondents |
7 others,
FAYYAZ AHMAD
|
| Citations |
2007 SLD 3029,
2007 PLJ 26
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code, 1908
|
| Sections |
11
|