2008 PLP 659 (SCMR)
NAZIR AHMAD and others — Petitioners Versus AKHTAR MEHMOOD and others — Respondents
| Citation | 2008 PLP 659 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Muhammad Ajmal and Syed Deedar Hussain Shah, JJ |
| Parties | NAZIR AHMAD and others — Petitioners Versus AKHTAR MEHMOOD and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2008 PLP 659 (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 2008 PLP 659 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Muhammad Ajmal and Syed Deedar Hussain Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 659 (SCMR) (NAZIR AHMAD and others — Petitioners Versus AKHTAR MEHMOOD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mehdi Khan Chuhan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners.
- Ch. Muhammad Ashraf Wahlah, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Respondents Nos.2 to 4.
- Syed Naveed Sheryar, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Respondents Nos.6 and 7.
- Date of hearing: 15th July, 2004.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore, dated 20-10-2003 passed in C.M. No.579-C of 2002 in R.S.A. No.323 of 1973).
Ss. 11 & 12(2)
Constitution of Pakistan (1973), Art.185(3)
Plea of fraud and misrepresentation
Leave to appeal was granted by Supreme Court against order of High Court whereby application under S.12(2), C.P.C. was dismissed and petitioners had contended that High Court had erred in law in applying the principle of res judicata when previous judgment was challenged on the ground of fraud and misrepresentation and that when issues on merits were not decided, principles of res judicata would not apply and petitioners could not be non-suited.
Judgment & Decree
MIAN MUHAMMAD AJMAL, J.
Leave to appeal is sought against the order of a learned Judge in Chambers of the Lahore High Court, Lahore dated 20-10-2003, whereby application under section 12(2), C.P.C. bearing C.M.A. No.579/C of 2002 in R.S.A. No.323 of 1973, was dismissed.
2. Learned counsel for the petitioners contended that the High Court has erred in law in applying the principle of res judicata when the previous judgment was challenged on the ground of fraud and misrepresentation. He further contended that when the issues on merits were not decided, the principles of res judiciata would not apply and, as such, the petitioners could not be non-suited.
3. After hearing the learned counsel for the parties, we grant leave, inter alia, to consider the above questions. In the meanwhile, status quo be maintained. Leave to appeal granted. H.B.T./N-39/SC Leave granted.