| Case ID |
7353d896-6fd4-4dea-b4e2-6471fbf3a6da |
| Body |
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| Case Number |
Civil Revision No.291 of 1996 |
| Decision Date |
Feb 08, 2007 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the civil revision petition challenging the judgments/decrees dated 21-9-1991 and 18-12-1995, which had previously dismissed the petitioners' suit for redemption of mortgaged land. The Court found that the petitioners' claim was barred by the principle of res judicata and Order II, Rule 2 of the Civil Procedure Code, as the matter had already been adjudicated in favor of the respondents in an earlier suit. The Court emphasized that the petitioners could not relitigate a claim that had already been settled and affirmed the findings of the lower courts, concluding that the petitioners had not established any error of law or fact in the prior judgments. As a result, the petition was dismissed without any order as to costs. |
| Summary |
This case revolves around a civil revision petition filed by Ghulam Fatima and others against the Government of Pakistan concerning the redemption of mortgaged land. The Lahore High Court evaluated the applicability of the Limitation Act and the Civil Procedure Code, particularly focusing on the principles of res judicata and the necessity to include all claims in the initial suit. The Court determined that the petitioners' predecessors had previously lost a suit regarding the same land, and their current claim was barred as they had opted not to include certain aspects of their claim in the earlier proceedings. The Court concluded that the petitioners could not assert a right to redeem the land based on claims that had already been adjudicated, leading to the dismissal of their revision petition. This case underscores the importance of addressing all aspects of a claim in initial litigation to avoid subsequent dismissal based on procedural grounds. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD MUZAMMAL KHAN, J
|
| Lawyers |
Ch. Haider Bakhsh for Petitioners,
Shahid Mehmood Khan Khilji for Respondents
|
| Petitioners |
,
GHULAM FATIMA
|
| Respondents |
3 others,
GOVERNMENT OF PAKISTAN through Board of Revenue
|
| Citations |
2007 SLD 950,
2007 CLC 1031
|
| Other Citations |
Tikamdas and another v. Abdul Wali and others PLD 1968 SC 241,
Samar Gul v. Central Government and others PLD 1986 SC 35,
Muhammad Shafi v. Ghulam Qadir and others PLD 1978 Lah. 71,
Allah Bakhsh v. Member, Board of Revenue and others 1988 MLD 922,
Syed Nizam Shah v. Babu Abdullah and others 1991 SCMR 1149,
Amanul Mulk v. Mian Ghafoor-ur-Rehman and others 1997 SCMR 1796
|
| Laws Involved |
Limitation Act, 1908,
Civil Procedure Code (V of 1908)
|
| Sections |
13,
19,
S.11,
115,
O.II, R.2
|