7. The next submission of learned counsel for the beneficiaries
that after dismissal of earlier suit instituted by Mehmood Ahmed
respondent No.3, a fresh suit could not be instituted on behalf of the
defendants of afore-noted lis and both the Courts below failed to
apply principle of res judicata is again not tenable.
Admittedly, during trial of suits in hand, application under
Section 11 of the Code, 1908 seeking rejection of plaint being barred
by law was filed by the petitioners, but was declined and
maintained upto the level of this Court, hence interlocutory order
having attained finality could not be re-agitated. Reliance in this
respect is placed on the judgment reported as Gulistan Textile Mills
Ltd. and another Vs. Soneri Bank Ltd. and another (PLD 2018 SC 322).
Moreover, in cases reported as Ghulam Muhammad, etc Vs.
Muhammad Hussain, etc (2006 CLJ 633) and Muhammad Zubair and
others Vs. Muhammad Sharif (2005 SCMR 1217) the Superior Courts
have already concluded that right of inheritance could not be
defeated by law of limitation or principle of res judicata as no law or
judgment could override law of Sharia being a superior law, hence
the arguments in this regard being meritless are repelled.
Part of Judgment
Lahore High court
Civil Revision
1759717.546-15
2018 LHC 2949
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