Order VII rule 11 CPC being hit by the principle of res judicata./Ashraf Asmi

#2014 MLD 1192 Lah
#res judicata
The plaint was rejected under Order VII rule 11 CPC being hit by the principle of res judicata. This Court observed that earlier suit for declaration moved by the female legal heirs for getting share from inheritance was decreed on 03.06.2010 on the basis whereof mutation No.414 was attested and the said decree having never been agitated before any higher forum had attained the finality whereby the dispute of inheritance was resolved by the competent court in favour of the female legal heirs. The other side filed the second suit regarding same subject, which could not be entertained to upset the earlier decree as doctrine of res judicata is of universal application and is based on principle that public policy demands that one cause should not be tried for the second time and there must be an end to the litigation. It is the mandate of Section 11 CPC that if the subsequent suit is hit by the doctrine of res judicata then the same could be considered and decided at any stage of proceedings. Taking into consideration these facts and circumstances, the civil revision filed against the concurrent findings arrived at by the learned courts below has been dismissed in limine.