415/2018 Const. P. Ghulam Mehdi & others (Petitioner) V/S P.O Sindh & others (Respondent)

415/2018 Const. P. Ghulam Mehdi & others (Petitioner) V/S P.O Sindh & others (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Khadim Hussain Tunio Order Date: 27-NOV-18

he subsequent judgment of the Member Board of Revenue dated 20.04.2017 not only ignored the order of his predecessor, but also ignored the fact that the suit, challenging the order of his predecessor, was also dismissed. These orders i.e. order of the Senior Civil Judge and more importantly the order of the Member Board of Revenue is implied res judicata as the subject matter of the appeal is nothing but the land which is defined as UA No.437 and 438. Here, it could safely be added that legally the litigation (s) are meant to decide controversies (issues). Where, the controversy / issue is that of general application and not limited to a party only then any decision thereon by a competent forum shall be binding upon all, including those who even were not before the legal forum / authority. A mere change of name of parties would never be sufficient to open a new round of litigation for the thing which otherwise stood decided by a lawful forum / authority. If this is ignored, there shall be no end to litigations and interested shall keep things hanging merely by substituting parties. An aggrieved however may get such decision reversed by appeal or reviewed, subject to law, but cannot seek another order from same forum / authority on plea of his being not a party to earlier lis. Any departure to such concept, shall result in frustrating the object of res judicata which otherwise has application in all matters, including Revenue jurisdiction.