1991 PLP 1149 (SCMR)
Syed NIZAM SHAH — Petitioner Versus BABU ABDULLAH and others — Respondents
| Citation | 1991 PLP 1149 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, CJ. |
| Parties | Syed NIZAM SHAH — Petitioner Versus BABU ABDULLAH and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1991 PLP 1149 (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 1991 PLP 1149 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, CJ..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1149 (SCMR) (Syed NIZAM SHAH — Petitioner Versus BABU ABDULLAH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Abdur Rashid, Advocate Supreme Court with Manzoor Illahi, Advocate-on-Record for Petitioner.
- Imtiaz Muhammad Khan, Advocate-on-Record for Respondents.
- Date of hearing: 25th February, 1990.
- Qazi Abdur Rashid, Advocate Supreme Court with Manzoor Illahi, Advocate‑on‑Record for Petitioner.
- Imtiaz Muhammad Khan, Advocate‑on‑Record for Respondents.
- 2. With the assistance of the Advocate for the petitioner we have examined the case. '
Headnotes / Summary
(On appeal from the judgment and decree of the Peshawar-High Court, Abbottabad Bench dated 30-11-1988 in C.R. No.49 of 1980).
S. 11 & O. II, R.2
Constitution of Pakistan (1973), Art. 185(3)
Petitioner in earlier round had lost his case regarding land in dispute when his Constitutional petition was dismissed and decision in that petition acted as constructive res judicata
Subsequent proceedings would also appear to be incompetent by virtue of Order II, R. 2, C.P.C.
Courts below had already decided matter against petitioner
No merit in petition for leave to appeal existing
Petition was dismissed. Abdul Majid v. Abdul Ghafur Khan PLD 1982 SC 146 ref.
Judgment & Decree
‑‑‑‑S. 11 & O. II, R.2‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Res judicata‑‑‑Petitioner in earlier round had lost his case regarding land in dispute when his Constitutional petition was dismissed and decision in that petition acted as constructive res judicata‑‑‑Subsequent proceedings would also appear to be incompetent by virtue of Order II, R. 2, C.P.C.‑‑‑Courts below had already decided matter against petitioner‑‑‑No merit in petition for leave to appeal existing‑‑‑Petition was dismissed. Abdul Majid v. Abdul Ghafur Khan PLD 1982 SC 146 ref. Qazi Abdur Rashid, Advocate Supreme Court with Manzoor Illahi, Advocate‑on‑Record for Petitioner. Imtiaz Muhammad Khan, Advocate‑on‑Record for Respondents. Date of hearing: 25th February, 1990. RUSTAM S. SIDHWA J.‑‑‑This is a petition filed by Syed Nizam Shah petitioner seeking leave to appeal against the judgment of the Peshawar High Court dated 30‑11‑1988.
2. With the assistance of the Advocate for the petitioner we have examined the case. ' 3. n an earlier round the petitioner had lost his case regarding the disputed land when the Peshawar High Court on 16‑12‑1974 dismissed his Writ Petition No.228 of 1974. This decision acts as constructive res judicata (see Abdul Majid v. Abdul Ghafur Khan PLD 1982 SC 146). The subsequent proceedings would also appear to be incompetent by virtue of Order II, Rule 2, C.P.C. The three lower Courts have already decided the matter against the petitioner. There being no merit in this petition, the same is dismissed. H.B.T./N‑244/S Petition dismissed.