Find a Lawyer

ALLAH DAD versus MEHMOOD SHAH

Civil Code 1908 Section 11 and O II, R2 Constitution Pakistan (1973), Article 185 (3) Res judiciary, the principles of the defendant's trial were excluded from the first period of the declaration against the defendant. Then the second phase was the reason for the decisions which were concluded by the Res Judesta rule in the judgment of the Supreme Court, and it also contains the provisions contained in O II, R 2. The litigation was based on two-fold claim based on timely arrival and title deeds, and that the questions regarding title deeds were not decided in the previous case, therefore, the current trial case is subject to litigation. Can not be taken in the first round and decided to decide. The dispute was that neither the rules of Race Judasta were applicable to the proposal nor the O II, R 2, CPC clauses were attracted and the previous Supreme Court judgment was also forwarded. The GS had pointed out in the past that the plaintiff had relinquished the claim before the trial court in connection with alternative grounds such as title deeds for all practical and legal purposes, the possibility that at least some of it could not be excluded. The plaintiff did not knowingly dispute the dispute in the case. The case is for the same decision otherwise the new petition raised by the plaintiff was non-fatal. Fresh litigation was launched only to counterbalance the plaintiff suffered disappointment in the loss of previous litigation; suitable case for approval of leave to appeal on merit, otherwise the petition was dismissed tax advocates from Dhoun Kal lawyer