MUHAMMAD SHAFI AND ANOTHER vs MUHAMMAD BAKHSH AND ANOTHER — 1971 PLD 148

Citation: 1971 PLD 148

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-08

Parties: MUHAMMAD SHAFI AND ANOTHER vs MUHAMMAD BAKHSH AND ANOTHER

Headnotes

Case cited as PLD 1971 Lahore 148

Judgment Text

Court Name: Lahore High Court Judge(s): Nasim Hasan Shah, Qadeeruddin Ahmed Title: MUHAMMAD SHAFI AND ANOTHER vs MUHAMMAD BAKHSH AND ANOTHER Case No.: Letters Patent Appeal No, 379 of 1969 Date of Judgment:1969-12-08 Reported As: PLD 1971 Lahore 148 Result: Petition dismissed Judgment ORDER NASIM HASSAN SHAH, J.-- B y our short order passed on 2-124969, it was ordered that the above two appeals shall stand dismissed, for reasons to be given separately. We now proceed to give reasons for the said conclusion. 2. The question raised before us and argued with considerable emphasis on it by Mr. A. S. Salam, on behalf of the appellants, is that the learned Single Judge has erred in holding that the general principles of res judicata are applicable to cases where the orders which have been the subject- matter of attack in this Court by means of petitions under Article 98 of the late Constitution are again impugned, through civil suits before the ordinary civil Courts. The facts which form the background of this question are that certain portions of the allotment made earlier in favour of the appellants were cancelled by the Settlement Authorities on the ground that they were in excess of their entitlements. The order made in the case of Miran Bakhsh (appellant in L. P. A. No, 379 of 1969) being made on 2-2-66 while that in the case of Muhammad Shafi (appellant in L. P.A. No,380 of 1969) was made on 24-11-65, they were questioned by separate petitions under Article 98 of the…

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