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Petitioner: MUHAMMAD SALEEM and others VS Respondent: RASHID AHMED and others
Court Name: Supreme Court of Pakistan Judge(s): Rana Bhagwan Das, Tanvir Ahmed Khan Title: MUHAMMAD SALEEM and others vs RASHID AHMED and others Case No.: Civil Petition for Leave to Appeal No, 800-L of 1999 Date of Judgment:2002-07-02 Reported As: 2004 SCMR 1144 Result: Leave refused
JUDGMENT
JUDGMENT ' RANA BHAGWANDAS, J.---Petitioners seek leave to appeal against Lahore High Court judgment, dated 15-3-1999 dismissing their Civil Revision No, 1681-D of 1991 concurring with the findings of fact arrived at in a suit for declaration and possession filed by the petitioners in relation to the suit-land. 2. On the application of the respondents, plaint in the suit was rejected in terms of Order VII, rule 11, C.P.C. For the reasons that issue relating to ownership and title in respect of the suit-land had been finally determined by this Court in Civil Appeals Nos.254 and 255 of 1978 as far back as 26-5-1990. Review petition against judgment of this Court was also dismissed vide order, dated 20-10-1993. 3. Petitioners preferred an appeal and civil revision against rejection of their plaint by the trial Court but without any success. 4. We have heard learned counsel for the petitioners. There are concurrent findings of fact that the issue raised by the petitioners in relation to the suit-land had been finally heard and decided by a competent Court of law and, thus, issue raised in the subsequent suit was hit by the principle of Resjudicata within the contemplation of A section 11, C.P.C. On the face of the record, we are unable to find any legal infirmity, misreading or non-reading of evidence, misconstruction of any material on record or misconception of law on the part of the High Court. In the impugned judgment, High Court has dealt with the entire aspects of the case, which are not open to an exception. 5. For the aforesaid facts and reasons, we find no force in this petition, which is wholly devoid of any merit. It is accordingly dismissed and leave to appeal refused.