1991 CLC 2011 KARACHI-HIGH-COURT-SINDH

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MANZOOR. ALI VS ASADULLAH Cantonments Rent Restriction Act 1963--23 , Code of Civil Procedure 1908--11 , S. 23---Civil Procedure Code (V of 1908), S.11---Principle of res judicata--Invocation of---Bar on invocation of principle of res judicata would apply, when two proceedings between same parties or persons claiming under them; involved identical facts and grounds at issue and there was a previous conclusive determination of dispute---Where there were several grounds urged for seeking eviction, doctrine of res judicata could be restricted to only those grounds as were identical to ones figuring in previous lis---Matter would then proceed for and be restricted to rest---If earlier determination had been final and conclusive, it would be essential to produce a certificate or an uncontroverted copy of earlier case together with defence, if any, so as to facilitate comparison as to what questions would be foreclosed on premises of res judicata and which of them did not attract the rule--