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Civil Revision No. 192 of 1981, decided on 19th March, 1981.

---O. XI, r. 2 and Limitation Act (IX of 1908). Art. 120‑Dismissal of suit‑Declaratory suit of petitioner dismissed on question of limitation Petitioner estopped from bringing other suit‑Issues on merits having been framed, suit, held, could still be disposed of on basis of preliminary issues alone.

Muhammad Yateem v. Ghulam Nabi P L D 197.5 Lab. 563. ref. ,

Shahid Hussain Kadri for Petitioner.

The petitioner's suit praying for a declaration that the sale of the property in dispute made by respondent No. 4 in favour of respondent Nos. 1, 2 and 3 did not effect his reversionary rights was dismissed by the trial Court. His appeal having also been dismissed he has brought this revision Petition. Before Ghulam Nabi (P L D 1975 Lah. 563), the suit was not barred by Order XI, rule 2, C. P. C: as the cause :of action in the earlier suit was totally different. It was also submitted on the basis of the samg authority, that the petitioner, under the circumstances, was not estopped from bringing this suit. These arguments are of no avail to the petitioner because the order of dismissal of the petitioner's suit on ‑the question of limitation is unexceptionable. I also do not find any merit in the submission that issues on merits having been framed, it was mandatory for the trial Court to have also decided the same and that,.the, suit could not be disposed of on the basis of preliminary issues alone.

4. There is no merit in this revision petition and it is, therefore, dismissed in limine.

M. Y. M. Petition dismissed.

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