SAADAT KHAN vs ALI SHER S — 2023 PLD 18 QUETTA-HIGH-COURT-BALOCHISTAN

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SAADAT KHAN VS ALI SHER S. 11---Res-judicata, principle of---Object and purpose---Doctrine of res-judicata generally came into play in relation to civil suits---Said doctrine has been applied since long in various kinds of other proceedings and situations by the superior courts---Rule of constructive res-judicata is engrafted in Explanation IV of S. 11 of the C.P.C. and in many different situations also the principles not only of direct res-judicata but of constructive res-judicata are also applied---If by any judgement or order any matter in issue has been directly and explicitly decided, the decision operates as res-judicata and bars the trial of an identical issue in subsequent proceedings between the same parties---Principle of res-judicata comes into play when by judgment/order a decision of a particular issue was implicit in it; that is, it must be deemed to have been necessarily decided by implication, even then the principle of res-judicata on that issue is directly applicable---When any matter which might and ought to have been made a ground of defence or attack in former proceedings but was not made ,then such a matter in the eye of law, to avoid multiplicity of litigation and to bring finality in it, is deemed to have been constructively in issue and, therefore, is taken as decided---Object and purpose of the principle of res-judicata is to uphold the rule of conclusiveness of judgment, as to the points decided earlier of the fact, or law, or of fact and law, in every subsequent suit between the same parties---Once the matter, which was the subject matter of lis, stood determined by a competent Court, no party after that could be permitted to reopen it in subsequent litigation---Rule of res-judicata is brought into the statute book to bring the litigation to an end so that the other side may not be subjected to harassment---Once a substantial question in dispute between the parties stands decided, once a verdict qua title of party stands given by a court of competent jurisdiction and once a precious right stands accrued to the opposite party, the plaintiff can not file a second suit---In the present case the petitioner filed suit in respect of the same property, which had already been claimed by the petitioner in another civil suit---Property claimed by the petitioner in the previous suit and in present case and the parties and cause of action were the same---Civil revision was dismissed due to the plaint being found to be barred by law, attracting the principle of res-judicata as well as estoppel by conduct.

SAADAT KHAN vs ALI SHER S — 2023 PLD 18 QUETTA-HIGH-COURT-BALOCHISTAN

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