Legal Question in Civil Litigation in Pakistan

Dear Sir,

I need advice from you. please let me know any law about my following problem.

I am in a problem. I need your help. I am owner of plot 5 marls situated in

Hassanabdal, District Attock. I submit a case about in civil court attock. Civil court decided for demarcation. Demarcation was totally in my favor BUT lower court decides this demarcation is one sided and lower court dismissed my suit.

So that is why I appeal against lower court declaration. My appeal was in process. Mean while my lawyer put new case in lower court and he give the application in appellant court that we already put a new case in lower court about this property so that is why we want to withdraw our this appeal. BUT lower court dismissed our new suit with the law of section 11.

Please let me know how we can restart our previous appeal which we with draw. IS it possible OR not. How can we get our right again whenever our opposite party has no any ownership proof for this property? They are getting benefits only with section 11 (Resjudicata).

Please help me and give me your valuable advice. I need your help for this my difficult problem. Waiting for your prompt reply and hope you will solve my problem.

Regards,

Hussain Ahmed Khan

[email protected]

0322542415


Asked on 10/06/10, 10:08 am

1 Answer from Attorneys
Salman Khan International Lawyer

It seems like a strange case.. I need more clarification on this because apparently there is no ground for applying res judicata in this case. Res Judicate means thing decided.. the lower court has to follow the decision of upper court not the vice versa..

Tell me for how long the possession holder is in possession of the said plot and who has the name written in the gardawari as the occupant of the land.. Also tell me when u purchased the plot and since how long u have the conflict and with whom u have the conflict. Email me at [email protected]

Regards,

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Answered on 10/07/10, 11:09 am


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