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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: NAZIR AHMAD and others VS Respondent: AKHTAR MEHMOOD and others
Court Name: Supreme Court of Pakistan Judge(s): Syed Deedar Hussain Shah, Mian Muhammad Ajmal Title: NAZIR AHMAD and others vs AKHTAR MEHMOOD and others Case No.: Civil Petition No,3231-L of 2003 Date of Judgment:2004-07-15 Reported As: 2008 SCMR 659 Result: Leave granted
Judgment ORDER ' MIAN MUHAMMAD AJMAL, J.--- Leave to appeal is sought against the order of a learned Judge in Chambers of the Lahore High Court, Lahore dated 20-10-2003, whereby application under section 12(2), C.P.C. Bearing C.M.A. No,579/C of 2002 in R.S.A. No,323 of 1973, was dismissed. 2. Learned counsel for the petitioners contended that the High Court has erred in law in applying the principle of res judicata when the previous judgment was challenged on the ground of fraud and misrepresentation. He further contended that when the issues on merits were not decided, the principles of res judiciata would not apply and, as such, the petitioners could not be non-suited. 3. After hearing the learned counsel for the parties, we grant leave, inter alia, to consider the above questions. In the meanwhile, status quo be maintained. Leave to appeal granted.