HABIB ULLAH vs NOOR-UL-HUDA S — 2026 CLC 98 PESHAWAR-HIGH-COURT

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HABIB ULLAH VS NOOR-UL-HUDA S. 11, O. VII, R. 11(d) & O. XXIII---Filing a fresh suit on the basis of compromise right of---Limitations---Revision was filed by the defendants against the judgment and decree of the first Appellate (District) Court that reversed an order of rejection of a plaint rendered by the Trial Court---Appellate/District Court held that a compromise was entered between the parties and its mere non-mentioning by the High Court in its order was of no legal effect---Appellate /District Court, however, allowed the application for filing of fresh suit at a cost of Rs. 5,000/----Validity---In the present case, the compromise was out of Court---Thus, res-judicata did not apply in the circumstances of the case---In the circumstances, when the respondents/plaintiffs were free to file a fresh suit on the basis of compromise subject to other limitations imposed by law, there was no occasion to seek or grant permission for the same---High Court set-aside the imposition of cost, therefore, to said extent, the impugned order of the Appellate / District Court was partially modified---Revision petition was disposed of accordingly. S. 11, O. VII, R. 11(d) & O. XXIII---Former suit (a civil revision before the High Court at relevant time) withdrawn on the basis of compromise---Factum of the compromise not mentioned/recorded by the High Court---Subsequent filing of plaint---Whether liable to be rejected or not---Res judicata---Scope---Appellate/District Court held that a compromise was entered between the parties and its mere non-mentioning by the High Court in its order was of no legal effect---Revision was filed by the defendants against the judgment and decree of the first Appellate (District) Court that reversed an order of rejection of a plaint rendered by the Trial Court---Whether the plaint in a suit was liable to rejection under O. VII, R. 11(d), C.P.C., being barred by law (as res judicata) since the former suit was dismissed as withdrawn on the basis of a certain compromise---Petitioners/defendants sought rejection of the plaint on the ground of res judicata, contending that a former suit of the respondents was dismissed by the Trial Court, their (respondents' ) appeal was also dismissed and their revision petition before High Court was dismissed as withdrawn---Whether the Appellate/District Court was justified in granting permission to the respondents /plaintiffs to file afresh suit for specific performance on the basis of the compromise (agreement) which was previously entered into between the parties at the time of withdrawal of the revision petition---Record revealed that the withdrawal of the civil revision/suit (C.R/suit ) was sought on the basis of compromise only; the same was also clear from the contents of the application submitted before High Court for disposal of the C.R/suit ; however, the order of the High Court by which the Court disposed of the C.R/suit was silent about the factum of compromise---Thus, the withdrawal in question was not proposed to be simple---In the present case, the compromise was out of Court---Thus, res-judicata did not apply in the circumstances of the case---No illegality or infirmity had been noticed in the impugned judgment allowing filing of plaint to the respondents---Revision, filed by the defendants was dismissed, in circumstances.

HABIB ULLAH vs NOOR-UL-HUDA S — 2026 CLC 98 PESHAWAR-HIGH-COURT

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