MUHAMMAD ASGHAR vs The ISLAMIC REPUBLIC OF PAKISTAN, through Secretary Defence Islamabad O — 2021 CLC 92 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 92 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: MUHAMMAD ASGHAR vs The ISLAMIC REPUBLIC OF PAKISTAN, through Secretary Defence Islamabad O
Subject matter: Civil
Provisions referred to: S. 54---S; S. 48

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ASGHAR VS The ISLAMIC REPUBLIC OF PAKISTAN, through Secretary Defence Islamabad O.XXI, R.32 & Ss.48 & 11---Specific Relief act (I of 1877), S.54---Suit for permanent injunction---Res judicata, principle of---applicability---Decree for injunction---Execution petition---Limitation---Execution petition to enforce decree of injunction was dismissed being time barred under S.48 of C.P.C.---Plaintiffs filed second suit for permanent injunction but same was dismissed on the ground of res judicata---Validity---Period provided under S.48 of C.P.C. did relate to execution of decree other than injunction decree---Decree in the present matter had been passed in a suit for injunction cum declaratory one---Declaratory decree was not executable under O.XXI, R.32 of C.P.C. but injunction decree was executable under the said provision---No limitation did run against the decree of injunction and decree in favour of petitioners could be executed---Plaintiffs were forced to reinitiate the proceedings in the present suit but they had been non-suited on the ground of res judicata---Courts below had neither executed the earlier decree nor decided the present suit on merit---Case was remanded to the Trial Court for decision afresh on merits after framing of issues and recording evidence---Impugned judgments and decrees passed by the Courts below were set aside and parties were directed to maintain status-quo till disposal of suit---Revision was allowed, in circumstances.

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