2001 PLP 1785 (MLD)
ZAHIR SHAH and others‑‑‑Petitioners Versus BAHADAR KHAN and others‑‑‑Respondents
| Citation | 2001 PLP 1785 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | Qazi Muhammad Farooq, CJ |
| Parties | ZAHIR SHAH and others‑‑‑Petitioners Versus BAHADAR KHAN and others‑‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 2001 PLP 1785 (MLD)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 1785 (MLD)?
The case was heard and decided by the Peshawar bench comprising: Qazi Muhammad Farooq, CJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 1785 (MLD) (ZAHIR SHAH and others‑‑‑Petitioners Versus BAHADAR KHAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Gul Sadbar Khan for Petitioners.
- Fatah Muhammad Khan for Respondents.
- Date of hearing; 12th April, 1999.
Headnotes / Summary
‑‑‑‑S. 11‑‑‑Dismissal of suit on point of res judicata‑‑‑Suit filed by plaintiffs in respect of landed property was dismissed by the Trial Court on the ground that it was hit by the principle of res judicata and Appellate Court below upheld the judgment of Trial Court‑‑‑Trial Court had dismissed the suit on the point of res judicata even without framing any preliminary issue in that respect and jurisdiction‑‑‑Concurrent judgment of Courts below was set aside by High Court in exercise of its revisional jurisdiction and case was remanded to be decided afresh after framing preliminary issues with regard to jurisdiction of Court and res judicata.
Judgment & Decree
This revision petition calls in question the judgment and decree dated 8‑2‑1996 of the learned District Judge, Charsadda confirming the judgment and decree dated 21‑3‑1995 of the learned Senior Civil Judge, Charsadda whereby the suit of the petitioners in respect of certain landed property situate in village Amir Abad was dismissed on the ground that it was hit by the principle of res judicata.
2. The petitioners had founded the suit on the allegations that they were the owners in possession of the suit land on the basis of Mutations Nos.464 and 487, attested on 14‑5‑1970 and 3‑6‑1972 respectively, as well as adverse possession and orders to the contrary of the Deputy Land Commissioner, District Charsadda dated 9‑7‑1989. Chief Land Commissioner/Senior Member, Board of Revenue N.W.F.P. dated 22‑11‑1990 and the Federal Land Commission dated 19‑4‑1994 being illegal and without jurisdiction were void and ineffective on their rights.
3. The suit was resisted by the respondents on several legal and factual pleas including res judicata and want of jurisdiction. The learned Trial court did not framed any issue and dismissed the suit on the point of res judicata while hearing arguments on the application for grant of a temporary injunction filed alongwith the suit.
4. There is no need to recapitulate and discuss the rival contentions on the question of res judicata because remand of the case is inevitable owing to failure of the learned trial Court to frame preliminary issues in regard to the jurisdiction of the Civil Court to entertain the suit and the plea of res judicata.
5. In the result the revision petition is accepted, the impugned judgments and decrees are set aside and the case is remanded back to the learned Trial Court with the direction that the controversy be set at rest after framing preliminary issues encompassing the questions of jurisdiction and res judicata. Parties are directed to appear before the learned Senior Civil Judge, Charsadda on 14‑6‑1999. No order as to costs. H.B.T./314/P Revision accepted.