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2022 CLC 772 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2022 CLC 772 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2022
Reporter
CLC
Subject matter
Civil
Provisions referred to
S. 11---; 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

IMRAN KHAN VS CHAIRMAN ALLOTMENT COMMITTEE, (MINISTER FOR INDUSTRIES), AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD R.33---Civil Procedure Code (V of 1908), S.11---appeal---Res judicata, principle of---Scope---appellant applied for allotment of the industrial land---Matter was placed before the allotment Committee, however, the Committee refused to make the allotment on the ground that the Committee had no power to allot the land in question---appellant approached the High Court by filing a writ petition which was dismissed being hit by principle of res judicata---Validity---appellant in earlier writ petition had sought allotment on the basis of ownership whereas in the present case appellant was seeking allotment on lease without auction---When the subject matter and the parties were same, mere change in the prayed relief did not prevent the attraction of res judicata---Even otherwise, R. 33 of the azad Jammu and Kashmir Industrial Control and Establishments of Industrial Estates and artisan Workshop Rules, 1980, did not provide for allotment on lease without auction---Same matter was involved in the previous round of litigation, therefore, the principle of res judicata was fully applicable---appeal was dismissed. Head NotesCase Description

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