Res-judicata

  1. Decision in the earlier writ petition with regard to an order — cannot be a bar to challenge a subsequent order of the President. Muhammad Siddique Farooqi v. Ghulam Mustafa Mughal & others 1992 SCR 39 (B)
  2. Plaintiff-appellant being proforma defendant in the earlier suit yet not challenging the decision at any stage — Principle of resjudicata will equally apply on him — Held: High Court rightly dismissed the appeal — Appeal dismissed. Zaighum Saleem  v. M. Saleem 1992 SCR 344 (A)
  3. Principle of in criminal and civil jurisdiction — Whether there is any concept of ‘res judicata’ in case of any findings given in exercise of criminal jurisdiction in relation to civil jurisdiction and vice versa — It is well settled principle of law that the findings given in exercise of criminal jurisdiction are not relevant as evidence on the same point to be resolved in exercise of civil jurisdiction and vice versa — A civil Court or a Criminal Court must record its findings after considering the evidence in the relevant case and not on the strength of the findings given by the Court in another capacity. Mst. Zareena v. Nisar Hussain 1996 SCR 82 (B) PLD 1971 Kar. 118, AIR 1945 P.C. 18, AIR 1993 Madras 429, AIR 1933 Lah. 461, AIR 1955 Orissa 156, AIR 1932 Cal. 293, relied.
  4. General principles applicability of — Findings given previously in exercise of criminal jurisdictional never create bar of res judicata in civil jurisdiction or vice versa — It is correct that general principles of res judicata are applicable to give finality to a dispute even if S.11 C.P.C. is not applicable. However, in such case, the principle of res judicata is not applicable strictly but with certain limitations — Before applying the general principle of res judicata, the scope of inquiry in previous proceedings, the competency of forums and prima facie correctness of the findings etc are to be considered. Mst. Zareena v. Nisar Hussain 1996 SCR 82 (C)
  5. It is well settled principle of law that if a point is not decided on merits in the earlier litigation, that would not constitute res judicata. Custodian of Evacuee Property v. Tariq mahmood Butt 2002 SCR 38 (C)
  6. — The subject matter and the parties are the same— mere change in the prayed relief, does not prevent the attraction of resjudicata. Imran Khan Versus Chairman Allotment Committee & 2 others 2021 SCR 360 (A)
  7. — contention was that the suit filed by predecessor of the appellants was not decided on merits, hence, the principle of res judicata was not applicable — the predecessor of the appellants — filed a suit for possession before the sub- Judge — in the year 1951. The said suit was dismissed in the light of the compromise entered between the parties — since the predecessor of the appellants — had surrendered his right regarding the suit-land therefore, his legal heirs — could not file the fresh suit on the same cause of action and the principle of res-judicata is fully applicable. Jameela Begum & others v. Muhammad Ashraf & others 2023 SCR 249 (A) PLD 1980 AJ&K 43 ref.
  8.  — meaning and principle of — Jameela Begum & others v. Muhammad Ashraf & others 2023 SCR 249 (B&C) PLD 1980 AJ&K 43 ref.
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