2000 PLP 1190 (SCMR)

RAJA AFRASIAB KHAN, J.

On 30-10-1997, objection petition was filed by the petitioner, Ijaz Hussain in the Court of Civil Judge, 1st Class, Jhelum which was dismissed on 17-1-1998. He instituted Appeal No. 151 of 1998 against the decision of the trial Court. The appeal was dismissed by an Additional District Judge, Gujrat vide his judgment dated 7-10-1999. The petitioner filed Civil Revision No. 1795 of 1999 which was heard and dismissed by the Lahore High Court on 16-11-1999. The order of the High Court reads:-- "Mst. Resham Bibi, predecessor-in-interest of the respondents, filed a suit for possession against the father of the petitioner, which was allowed; thereafter, petitioner's father filed an appeal which was dismissed on 13-10-1988. Consequently, an application under section 12(2), C.P.C. was moved which was dismissed as well and afterwards, petitioner successively filed two suits one for declaration and other for permanent injunction; these two suits have been dismissed. Now this application under section 47, C.P.C. has been moved. Learned counsel for the petitioner states that as question of fact has been alleged; therefore, it was incumbent upon the Court.. to have framed an issue enabling the parties to produce evidence. I am afraid that this contention has no force on the face of it, application of the petitioner was misconceived, it was on the record that two earlier suits on the same cause, have been dismissed, thus, the application was not tenable in the eyes of law. Moreover, submission made that as per the impugned order, itself, the issue between the parties was with regard to demarcation of the Khasra number, suffice it to say that this question, too, was not within the purview of section 47 of C.P.C. Consequently, the application of the petitioner was misconceived and has been rightly dismissed by the Court below."

2. It has been argued by the learned counsel that this is a case of mis reading of evidence available on record.

3. After hearing the learned counsel for the petitioner and perusing the record, we conclude that there is nothing to show that the evidence on record , has been misread or has not been taken into consideration by the Courts below. The Courts below have held that the earlier litigation between the parties was concluded by the competent Court after hearing the parties. Thus, the controversy has come to an end according to law. This being so, principles of res judiciata are attracted to the case in hand. There is, therefore, no substance in this petition which is hereby dismissed. Q. M. H. /M. A. K./E-1/S Petition dismissed.