MUHAMMAD ZUBAID and others vs NATHEY KHAN and others
This matter arises from a petition for leave to appeal filed by the plaintiff side against the dismissal of their civil revision by the High Court, which stemmed from a suit for administration involving the right to inherit the property of Faiz Muhammad, who died in 1950. The core legal question concerned whether the suit was barred by previous litigation. The Supreme Court of Pakistan held that the case stood concluded by concurrent findings of the lower courts that the suit was barred by the principle of res judicata, as supported by the facts regarding the earlier litigation presented by the petitioners' counsel. Consequently, leave to appeal was refused, and a related contempt application, not being pressed, was also dismissed. The key principle laid down is that where a suit is barred by res judicata based on concluded findings of lower courts, leave to appeal against the dismissal of a civil revision will be refused.
- Whether a suit for administration and inheritance is barred by res judicata in light of earlier litigation?
- Will leave to appeal be refused when the lower courts concurrently find the suit to be barred by res judicata?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff side against the dismissal of their Civil Revision by the High Court. It had arisen out of a suit for administration, which also involved the related question of petitioners' right to inherit the property of Faiz Muhammad, who died in 1950.
2. The case now stands concluded by a finding by all the learned Courts [ below that the present suit was barred by res judicata. The facts stated by the 18 learned counsel for the petitioners regarding the earlier litigation support the I decision with regard to res judicata. That being so, leave to appeal is refused.
3. ' The contempt application, having not been pressed, is also dismissed.