KARIM GUL AND Another vs SHAHZAD GUL AND Another — 1970 SCMR 141

Citation: 1970 SCMR 141

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-11-13

Parties: KARIM GUL AND Another vs SHAHZAD GUL AND Another

Headnotes

Case cited as 1970 SCMR 141

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: KARIM GUL AND Another vs SHAHZAD GUL AND Another Case No.: Civil Petition for Special Leave to Appeal No. 52-P of 1968 Date of Judgment:1969-11-13 Reported As: 1970 SCMR 141 Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The respondent, Shahzad Gul, had instituted a suit for possession of certain lands situated in village Qutab Garah in Mardan District, alleging that he was the exclusive owner thereof; but the petitioners had wrongfully encroached thereon abut a year before and constructed an Abadi over the land. The petitioners resisted the suit on several grounds, including limitation, adverse possession and non-main--tainability of the suit on the ground of withdrawal of a previous suit on the same cause of action. It appears that the respondent had instituted a suit previously on the same cause of action, but had subsequently applied to withdraw the same with permission to bring a fresh suit. On the 6th of October 1960, the Senior Civil Judge, Mardan, allowed the withdrawal of the suit but refused to grant permission for bringing a fresh suit on the same cause of action, on the ground that sufficient cause had not been made out for that purpose. On appeal, however, the Additional District Judge of Mardan came to a contrary conclusion. He was of the view that permis--sion could not be granted to withdraw the suit while refusing permission to bring a fresh suit, as…

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