In a case that was decided by a civil court, a decree was passed in favor of the plaintiff. The suit regarding a divorce and re-marriage case, alluded to the law of the land but did not name Muslim Family Law Ordinance 1961, or the relevant section - just mentioned according to the law of the land. When such suit was submitted 5 years after the decree, the objection was raised by a third party that the decree/plaint / order do not refer to the relevant section or the MFLO 1961 while making a judgment, therefore, the decree provides insufficient grounds for acceptance. Could a new case be filed in a court either based on the previous suit or altogether new for a new decree? Or that Res Judicata applies?
Monday, October 16th, 2017 by ischaudhry