Syed NIZAM SHAH vs BABU ABDULLAH And Other
This petition for leave to appeal challenged a judgment of the Peshawar High Court concerning a dispute over land. The petitioner had previously filed a writ petition regarding the same disputed land, which was dismissed by the Peshawar High Court on 16-12-1974. The Supreme Court examined the matter and determined that the earlier dismissal of the writ petition operated as constructive res judicata, barring the current proceedings. Furthermore, the Court observed that the subsequent litigation appeared incompetent under the provisions of the Code of Civil Procedure 1908. Given that three lower courts had already adjudicated the matter against the petitioner and finding no merit in the petition, the Supreme Court dismissed the petition for leave to appeal. The judgment reaffirms the principle that prior litigation on the same subject matter, which has reached a final conclusion, precludes re-litigation between the same parties, thereby ensuring the finality of judicial decisions and preventing the abuse of the court process.
- Does the dismissal of a prior writ petition regarding disputed land operate as constructive res judicata in subsequent proceedings?
- Can subsequent legal proceedings be considered incompetent under Order II Rule 2 of the Code of Civil Procedure 1908?
- Order II Rule 2, Code of Civil Procedure 1908
ORDER
RUSTAM S. SIDHWA J.---This is a petition filed by Syed Nizam Shah petitioner seeking leave to appeal against the judgment of the Peshawar High Court dated 30-11-1988.
2. With the assistance of the Advocate for the petitioner we have examined the case. '
3. n an earlier round the petitioner had lost his case regarding the disputed land when the Peshawar High Court on 16-12-1974 dismissed his Writ Petition No.228 of 1974. This decision acts as constructive res judicata (see Abdul Majid v. Abdul Ghafur Khan PLD 1982 SC 146). The subsequent proceedings would also appear to be incompetent by virtue of Order II, Rule 2, C.P.C. The three lower Courts have already decided the matter against the petitioner. There being no merit in this petition, the same is dismissed.