Mst. SAFIA KHANUM vs ADDITIONAL DISTRICT JUDGE-II EAST, ISLAMABAD — 2026 SCMR 994 SUPREME-COURT

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Mst. SAFIA KHANUM VS ADDITIONAL DISTRICT JUDGE-II EAST, ISLAMABAD. O.II, R.2 & O.XXIII, R.1---Qanun-e-Shahadat (10 of 1984), Art.114---Repeated suits challenging same mutation---No permission to file fresh suit---Consequences---Briefly, the predecessor of petitioners filed a suit for declaration and cancellation of the mutation; the said suit was dismissed; appeal and revision were also dismissed; petitioners then filed a second suit for rectification which was dismissed in default and restoration/withdrawal applications were dismissed without permission to file afresh; petitioners later filed a third suit challenging mutation No.8225/2014 (sanctioned in culmination of correction of initial mutation under challenge)---Question for determination before the Supreme Court was as to “Whether the third civil suit challenging mutation was maintainable when an earlier suit against same mutation stood finally dismissed and a later suit was dismissed in default without leave to file afresh?”---Held: Instead of agitating matter before the higher revenue hierarchy, the petitioners opted to institute a suit for declaration before the Civil Court, therefore, bar of election of remedies was attracted---No permission to file a fresh suit was granted by the Trial Court as the application for restoration and withdrawal was dismissed and instead of knocking the door of higher forum the petitioners instituted the third suit, which was blatantly barred by Order XXIII, Rule 1 of C.P.C.---When all the three Courts below had concurrently, while construing law on the subject, non-suited the petitioners and during course of arguments, no substantial question of law and any illegality in the impugned judgment had been pointed out on behalf of the petitioners, warranting interference by the Supreme Court---As such, no case for grant of leave was made out---The petition in hand failed and the same was dismissed.

Mst. SAFIA KHANUM vs ADDITIONAL DISTRICT JUDGE-II EAST, ISLAMABAD — 2026 SCMR 994 SUPREME-COURT

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