The Code of Civil Procedure, 1908
Section 11
Muslim Personal Law (Shariat) Application Act, 1962
Constitution of Pakistan, 1973
Article 189
Res judicata–– Claiming their right to inheritance through Sahib-un-Nisa from Mehrban Ali’s estate comprising of 62 kanals and 12 marlas of land–– The Appellate Court had disregarded the principle of res judicata /section 11 of the Code and the High Court corrected this mistake of law, and having done so it followed that the suit filed in the year 1997 by the respondents had to be dismissed, because the very same matter had already been decided almost forty years earlier. Public policy also requires that disputes once finally decided should not be reopened. In the present case the 1958 judgment was also not challenged by Sahib-un-Nisa, nor was it challenged by her legal heirs, and instead it was sought to be negated by filing a suit in the year 1997, which is not permissible. Therefore, this appeal is dismissed. .....Muhammad Shifa =VS= Meherban Ali, (Civil), 2022(2) [13 LM (SC) 21] ....View Full Judgment