| Case ID |
d3e0ad21-ac1f-48f2-905d-fe6c97c0c64d |
| Body |
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| Case Number |
Writ Petition No. 45 of 2015 |
| Decision Date |
May 03, 2016 |
| Hearing Date |
|
| Decision |
The Chief Court set aside the orders of both lower courts and remanded the case to the Trial Court to assess the actual legal position regarding the maintainability of the suit, considering the effects of a previous suit. The Court emphasized the need for substantial justice over technicalities, ultimately allowing the writ petition. |
| Summary |
This case revolves around a writ petition challenging the decision of the Additional District Judge that rejected a civil suit based on res judicata. The petitioner argued ownership of land in two separate suits against different respondents. The Chief Court found merit in the petitioner's claim that previous judgments should not bar the current suit and directed the Trial Court to reassess the situation. The ruling highlights the importance of substantial justice and the avoidance of technical dismissals in legal proceedings. Keywords: civil procedure, res judicata, substantial justice, legal rights, land ownership. |
| Court |
Chief Court
|
| Entities Involved |
Not available
|
| Judges |
Sahib Khan Chief Justice,
Muhammad Alam Justice
|
| Lawyers |
Sher Baz Ali,
Haji Mirza Ali
|
| Petitioners |
Azad Ali
|
| Respondents |
Habibullah,
5 Others
|
| Citations |
2016 SLD 2958,
2016 YLR 2509
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.VII, R. 11(d)
|