ZAHEER-UD-DIN alias ZAHOO KHAN vs FAZUL S — 2023 PLD 124 QUETTA-HIGH-COURT-BALOCHISTAN

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ZAHEER-UD-DIN alias ZAHOO KHAN VS FAZUL S. 11 & O. VII, R. 11---Specific Relief act ( I of 1877), Ss. 42, 39 & 54---Suit for declaration, cancellation of document and permanent injunction---Cause of action---Concealment of facts---Res judicata, doctrine of---Claim of the petitioners/plaintiffs was that the private defendants had no right to enter into agreement or to receive compensation amount from petroleum company (defendant) in respect of un-partitioned suit-property---Trial Court dismissed the suit of the petitioners/plaintiffs on the application under O. VII, R. 11 of the Civil Procedure Code, 1908, moved by the defendants---Validity---Record revealed that earlier a civil suit was filed against the respondent (petroleum company) and others, which was dismissed almost five years ago---In proceedings of said suit, it had been admitted that the petitioners/plaintiffs had been receiving compensation from the respondent (petroleum company) for more than fifty years---Petitioners/plaintiffs had filed suit on the same subject-matter---Law recognized that the conduct of the party might be such that he had to be stopped from litigating the issue all over again---Such conduct sometimes consisted of active participation in the previous proceedings, which was applicable in the proceedings moved by the petitioners/ plaintiffs---Section 11 of the Civil Procedure Code, 1908, had barred the Court to try any suit or issue, in which the matter was directly or substantially in issue in former suit between the parties or under whom they or any of them had claimed or was litigating under the same title in a Court competent to try such subsequent suit or the suit in which such issue had been substantially raised, heard and was finally decided---Court was bound to reject a plaint under O. VII, R. 11 of the Civil Procedure Code, 1908, where the suit appeared prima facie barred by any law---No illegality or infirmity had been noticed in the impugned orders and decrees passed by both the Courts below---Revision was dismissed, in circumstances.

ZAHEER-UD-DIN alias ZAHOO KHAN vs FAZUL S — 2023 PLD 124 QUETTA-HIGH-COURT-BALOCHISTAN

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