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Petitioner: ABDUL MAJID VS Respondent: BOARD OF DIRECTORS, KHYBER VEGETABLE GHEE MILLS
Court Name: Lahore High Court Judge(s): Irshad Hasan Khan Title: ABDUL MAJID vs BOARD OF DIRECTORS, KHYBER VEGETABLE GHEE MILLS Case No.: Civil Revision No, 1576-D of 1980 Date of Judgment:1983-10-03 Reported As: 1984 CLC 2392 Result: Petition disposed of
Judgment ORDER ' This revision petition is directed against the judgment and decree dated 31-5-1980 of the learned Additional District Judge, Lahore, whereby the judgment, dated 15-3.1980 of the trial Court rejecting the plaint of the petitioner was upheld. 2. The only grievance of the learned counsel for the petitioner is that in view of some observations made by the trial Court, which have been upheld by the learned Additional District Judge, the petitioner would not be able to file a fresh suit in respect of the same cause of action in view of the principle of res judicata. The grievance is unfounded. It is well-settled that the rejection of a plaint is not an adjudication on merits. It is a decree only by fiction under clause (d) of section 2 of the Civil Procedure Code. There is no bar to file a fresh suit after the rejection of plaint. The principle of res judicata cannot be pressed into service unless the matter has been heard and finally decided. Refer Mst. Kaniz Fatima and 3 others v. Member (Revenue), Board of Revenue and S others (1). ' With these observations, the revision petition is disposed of. (1) PLD 1973 Lab, 495