ZAKIRULLAH vs MUHAMMAD REHMAN S — 2025 SCMR 430 SUPREME-COURT

Case information

Citation: 2025 SCMR 430 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: ZAKIRULLAH vs MUHAMMAD REHMAN S
Subject matter: Civil
Provisions referred to: S. 4---S; S. 11; Civil Procedure Code (V of 1908)

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

Judgment text as reported

ZAKIRULLAH VS MUHAMMAD REHMAN S. 4---Specific Relief act (I of 1877), Ss.42 & 54---Civil Procedure Code (V of 1908), S. 11 & O.VII, R.11--- Suit for partition---Res judicata, principle of---applicability---Rejecting of plaint---Suit filed by petitioners/plaintiffs was rejected by Trial Court on the ground that earlier suit for declaration regarding same property was not decided---Validity---Right of partition is an independent right and cannot be connected with any previous suit even with regard to the same property and cannot be declared as barred by O. VII, R. 11, C.P.C.---Supreme Court set aside judgments and decrees passed by three Courts below and matter was remanded to Trial Court for decision afresh on merits---appeal was allowed.

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