Citation Name: 2024 PLD 97 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SHER ALI MIRWANI vs AHMEDULLAH Ss

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Citation Name: 2024 PLD 97 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SHER ALI MIRWANI VS AHMEDULLAH Ss. 11 & 48---Execution of decree---Res judicata, principle of---Maxim "excaptio res judicata"---Scope---Petitioners were aggrieved of order passed by Lower Appellate Court allowing second application for execution of decree---Plea raised by petitioners was that in view of principle of res judicata, second execution proceedings were not maintainable---Validity---Respondent filed execution application and sought execution of order and decree, whereas first execution application had already been disposed of and no one from contesting parties had challenged the same before higher forum and that order took finality---Respondent's execution application had come under the purview of res judicata---Doctrine of res judicata is a well-settled rule in nearly all judicial systems, which empowers the Court to put at rest the litigation at some terminating point---Provision of S.11, C.P.C., embodies such rule of conclusiveness of judgment---Principle of res judicata enacts that once a matter is finally decided by competent Court, no party can be permitted to reopen it in subsequent litigation---To bring an end to litigation and to save parties from constant troubles, harassment and expenses, the rule of res judicata was made in Civil Procedure Code, 1908---To bring finality of judgment, such rule is applied, which is a rule of universal application and almost in every civilized legal system, this rule is being followed---Concept of res judicata evolved from common law system and it rests on the overriding concept of judicial economy, consistency and finality of a civil action---It has roots in Roman law also where a defendant could successfully contest a suit under the plea of excaptio res judicata, meaning that "one suit and one decision is enough for any single dispute"---Doctrine of res judicata is conceived in general interest of public policy, which requires that all litigation must come to an end at a point of time---Principle of res judicata is also founded on justice, equity and good conscience, which requires that a party who has once succeeded on an issue should not be harassed by multiplicity of proceedings involving same issue---High Court in exercise of revisional jurisdiction dismissed execution proceedings filed by respondent and order passed by Lower Appellate Court was set aside---Revision was allowed accordingly.

Citation Name: 2024 PLD 97 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SHER ALI MIRWANI vs AHMEDULLAH Ss — 2024 PLD 97 QUETTA-HIGH-COURT-BALOCHISTAN

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