1989 PLP 1770 (SCMR)
BEHRAM HUSSAIN Petitioner Versus ABDUL RASHID SHAH and 4 others‑‑Respondents
| Citation | 1989 PLP 1770 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Usman Ali Shah, JJ |
| Parties | BEHRAM HUSSAIN Petitioner Versus ABDUL RASHID SHAH and 4 others‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1989 PLP 1770 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1770 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1770 (SCMR) (BEHRAM HUSSAIN Petitioner Versus ABDUL RASHID SHAH and 4 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Riaz Ahmad Pirzada, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner (in both C.Ps.).
- Nemo for Respondents.
- Date of hearing: 24th May, 1989.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court dated 22‑5‑1988 in Civil Revision No. 641 and Civil Revision No. 642 of 1975). ‑‑‑Ss. 11 & 115‑‑Constitution of Pakistan (1973), Arts. 199 & 185(3)‑‑Res judicata‑‑Transfer of property under Settlement Laws‑‑Petitioner had failed in general jurisdiction of civil Court in a matter which had earlier been decided by High Court in its Constitutional jurisdiction‑‑High Court's conclusion on merits in its Constitutional jurisdiction that proceedings before Civil Court involving the same subject‑matter were barred by res judicata was right‑‑Petition for leave to appeal against order of High Court was dismissed.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J‑‑Leave to appeal has been sought; against the dismissal by the High Court of petitioner's two Civil Revisions. They had arisen out of his failure in the general jurisdiction of the Civil Court in a matter which had earlier been decided by the High Court in its Writ jurisdiction. The subject‑matter of dispute is transfer of property under the Settlement Laws relating to the displaced persons. The learned Judge in the High Court after having examined in detail the pleas in the settlement case concluded on merits, in its writ jurisdiction, came to the conclusion that the proceedings before the Civil Court involving the same subject‑matter were barred by res judicata. Reliance was placed on several decisions of the superior Courts including the Supreme Court. We having heard A the learned counsel in support of these petitions and having examined the reasoning of the High Court, arc satisfied that the principle of res judicata has 1 rightly been applied. That being so leave to appeal is refused. M.B.A./B‑106/S Petitions dismissed.