| Case ID |
f6a96d50-ceca-4219-b390-970f9a7abd55 |
| Body |
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| Case Number |
Civil Revision No. 878-P of 2012 |
| Decision Date |
Oct 05, 2015 |
| Hearing Date |
Sep 18, 2015 |
| Decision |
The Peshawar High Court dismissed the revision petition filed by the petitioners, affirming the decision of the Appellate Court. The court found that the plaintiffs had properly instituted their suit for the recovery of the sale amount with the necessary leave of the court, thus falling outside the bar of Order II, Rule 2 of the Civil Procedure Code. The earlier dismissals of the suit for specific performance did not preclude the plaintiffs from claiming the recovery of the sale consideration since they had been granted permission to file a fresh suit for that purpose. The court emphasized that the principle of constructive res judicata did not apply in this case, and the petitioners' arguments regarding the suit's maintainability were rejected. |
| Summary |
This case revolves around the legal principles of constructive res judicata and the Civil Procedure Code's provisions regarding the inclusion of claims in a suit. The plaintiffs initially sought specific performance of an agreement to sell a plot but later pursued recovery of the sale amount after their initial suit was dismissed. The court allowed them to file a fresh suit for recovery, emphasizing that such action was permissible under the law when leave was obtained. The judgment highlights the importance of ensuring that plaintiffs are not unfairly barred from pursuing legitimate claims due to procedural technicalities, particularly when they have acted with judicial permission. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ROOH UL AMIN KHAN, J
|
| Lawyers |
Wajid Sattar,
Khanzeb Rahim
|
| Petitioners |
FAYAZ MUHAMMAD and 2 others
|
| Respondents |
KIFAYATULLAH and another
|
| Citations |
2016 SLD 982,
2016 CLC 866
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O. II, R. 2,
S.12
|