ABDULLAH ASHGAR ALI KHAN Vs. GANESH DASS

JUDGEMENT

(1.) THE only point for determination involved in this appeal turns upon the meaning to be attached to the words "finally decided" in Section 10 of the British Baluchistan Regulation, IX of 1896. That section provides as follows: A Court shall not try any suit in which, the matter in issue has been heard and finally decided by a Court of competent jurisdiction in a former suit between the same parties the same rights, or between parties under whom they or any of them claims

(2.) A short statement of the facts will explain how the question has arisen.

(3.) THE defendant's suit for cancellation of the bond came for trial before the Assistant Commissioner of Quetta, and he held that the defendant, Ashgar Ali Khan, had failed to establish, his allegation of fraud. He accordingly dismissed the action, and his judgment was affirmed on appeal by the District Judge on the 30th May 1913.