SIRHIND ZADA vs AMIR ZADA Ss — 2021 YLR 1373 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1373 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: SIRHIND ZADA vs AMIR ZADA Ss
Subject matter: Civil
Provisions referred to: S. 11---R; S. 135; Civil Procedure Code (V of 1908); Khyber Pakhtunkhwa Land Revenue Act

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

SIRHIND ZADA VS AMIR ZADA Ss. 135 & 137---Civil Procedure Code (V of 1908), S. 11---Res-judicata, principle of---Applicability---Partition of land--- Petitioner-plaintiff after withdrawing his application for partition of land before revenue authorities filed civil suit before Civil Court---Suit filed by petitioner-plaintiff was concurrently rejected by Trial Court and Lower Appellate Court, as barred by principle of res-judicata---Validity---Withdrawal of application for partition before revenue forum did not constitute a bar in the way of filing subsequent suit before Civil Court---Application for partition filed before Revenue Court under S.135 of Khyber Pakhtunkhwa Land Revenue Act, 1967, was filed before such a forum which was not competent to grant relief in subsequent suit---Such proceedings were not decided on merit but were disposed of on the basis of compromise and matter in issue was not directly and substantially in issue in proceedings of partition application---High Court set aside judgment and decree passed by two Courts below and the matter was remanded to Trial Court for decision afresh---Revision was allowed accordingly.

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