Citation Name: 2025 CLC 1936 KARACHI-HIGH-COURT-SINDHBookmark this Case ABDUL QADIR PATHAN vs NABI BUX PATHAN

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Citation Name: 2025 CLC 1936 KARACHI-HIGH-COURT-SINDHBookmark this Case ABDUL QADIR PATHAN VS NABI BUX PATHAN Ss. 42 & 54---Civil Procedure Code (V of 1908), Ss. 11 & 115---Suit for declaration and injunction---Doctrine of res judicata---Applicability---Term "finally decided by such Court"---Concurrent findings of facts by two Courts below, setting aside of---Applicant / plaintiff was aggrieved of dismissal of his suit and appeal by Trial Court and Lower Appellate Court respectively on the ground of res judicata---Validity---Term "finally decided by such Court" implies that matter in question has been conclusively resolved by a competent Court in previous litigation---Such final decision is binding and cannot be disputed in subsequent suits---Principle of res judicata serves to prevent re-litigation of same issue, thereby ensuring judicial efficiency and consistency in legal decisions---Res judicata is a fundamental concept in administration of justice, designed to prevent endless continuation of legal disputes---Concurrent findings against applicant / plaintiff were not based on factual discrepancies but rather on legal interpretations---Such distinction was crucial, as it underscored the fact that issue was not one of differing perspectives on facts, rather a fundamental disagreement on the application and interpretation of law---Such disagreement was not trivial; it was of such magnitude that it had warranted attention and intervention of revisional jurisdiction of High Court---Applicant's / plaintiff's rights and interests were at stake, and it was duty of revisional Court to ensure that justice was served, not just in letter but in spirit as well---High Court in exercise of revisional jurisdiction, set aside concurrent findings against applicant / plaintiff, as it was imperative to intervene and rectify the situation, ensuring that law was applied correctly and justice was duly served---High Court remanded the matter to Trial Court to decide suit of applicant/plaintiff on merits in accordance with law---Revision was allowed accordingly.

Citation Name: 2025 CLC 1936 KARACHI-HIGH-COURT-SINDHBookmark this Case ABDUL QADIR PATHAN vs NABI BUX PATHAN Ss — 2025 CLC 1936 KARACHI-HIGH-COURT-SINDH

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