This revision petition calls in question the judgment and decree dated 8-2-1996 of the learned District Judge, Charsadda confirming the judgment and decree dated 21-3-1995 of the learned Senior Civil Judge, Charsadda whereby the suit of the petitioners in respect of certain landed property situate in village Amir Abad was dismissed on the ground that it was hit by the principle of res judicata.
2. The petitioners had founded the suit on the allegations that they were the owners in possession of the suit land on the basis of Mutations Nos.464 and 487, attested on 14-5-1970 and 3-6-1972 respectively, as well as adverse possession and orders to the contrary of the Deputy Land Commissioner, District Charsadda dated 9-7-1989. Chief Land Commissioner/Senior Member, Board of Revenue N.W.F.P. Dated 22-11-1990 and the Federal Land Commission dated 19-4-1994 being illegal and without jurisdiction were void and ineffective on their rights.
3. The suit was resisted by the respondents on several legal and factual pleas including res judicata and want of jurisdiction. The learned Trial court did not framed any issue and dismissed the suit on the point of res judicata while hearing arguments on the application for grant of a temporary injunction filed alongwith the suit.
4. There is no need to recapitulate and discuss the rival contentions on the question of res judicata because remand of the case is inevitable owing to failure of the learned trial Court to frame preliminary issues in regard to the jurisdiction of the Civil Court to entertain the suit and the plea of res judicata.
5. In the result the revision petition is accepted, the impugned judgments and decrees are set aside and the case is remanded back to the learned Trial Court with the direction that the controversy be set at rest after framing preliminary issues encompassing the questions of jurisdiction and res judicata. Parties are directed to appear before the learned Senior Civil Judge, Charsadda on 14-6-1999. No order as to costs.