MUHAMMAD SAJJAD vs RAMESH Ss — 2025 PLD 59 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD SAJJAD VS RAMESH Ss.42 & 8---Civil Procedure Code (V of 1908), Ss. 11, 115, O. VII, R. 11 & O. XI, Rr. 2, 3---Rejection of plaint owing to decision in the earlier suit on the basis of compromise---Res judicata, principle of---Scope---Application for rejection of plaint on the basis of res judicata filed by the petitioners along with their written statement in the latter suit for declaration, possession and partition instituted by the respondents was accepted by the Trial Court, however, the appellate court reversed the finding of Trial Court for the reason that the decision in the earlier suit was not conclusive having been taken on a compromise and not on merits---Validity---Principle of res judicata is based on the consideration that the same cause should not be tried for the second time between the same parties and there must be an end to the litigation between the parties---Mere observation on a question of fact without proper adjudication in absence of evidence, would not operate as res judicata--- Besides, other grounds, the condition of a final decision on the merits of a dispute between the parties is of paramount importance---When litigation ended on the basis of a statement of parties, without conclusive determination of the disputed question of fact on merits between the parties, the same could at best be termed a decision on the basis of a compromise/settlement and under such circumstances the principle of res judicata would not attract to subsequent litigation---Doctrine of res judicata could only be applied when the previous lis/application or proceeding had directly or substantially decided the controversy between the parties on merits after recording their evidence---Except one of the respondents, none of the parties in the case remained parties in the earlier lis, thus, provision of O. XI, Rr. 2 & 3, C.P.C. was not attracted to that proceedings---High Court refused to exercise its revisional jurisdiction being narrow and limited in its scope and dismissed the civil revision, in circumstances.

MUHAMMAD SAJJAD vs RAMESH Ss — 2025 PLD 59 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 PLD