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MUHAMMAD NAWAZ KHAN vs BAHADAR NAWAZ KHAN Ss — 2022 CLC 202 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 202 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
MUHAMMAD NAWAZ KHAN vs BAHADAR NAWAZ KHAN Ss
Subject matter
Civil
Provisions referred to
S. 11---S; Civil Procedure Code (V of 1908)

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 NAWAZ KHAN VS BAHADAR NAWAZ KHAN Ss.8, 42 & 54--- Civil Procedure Code (V of 1908), S.11---Suit for recovery of possession, declaration and injunction---Res judicata, principle of---Concurrent findings of facts by Courts below---Petitioners/plaintiffs claimed to be owners on the basis of entries in Record of Rights (Jamabandi) to the extent of their shares in suit land---On application filed by respondent/defendant Trial Court rejected the plaint and appeal filed by petitioners/plaintiffs was dismissed by Lower Appellate Court, as the matter had already been decided by Courts in earlier suit---Validity---Petitioners/plaintiffs were time and again raising one and the same plea through different modes and manners, which in the circumstances of law was neither permissible nor could be allowed---Concurrent findings with respect to the facts to two suits could only be set at naught when findings of both the Courts below were perverse against law, illegal and result of mis-reading, non-reading and misapplication of law---High Court declined to interfere in concurrent findings of facts by two Courts below---Revision was dismissed, in circumstances. Head Notes

Other judgments reported in 2022 CLC

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