Dismissal of a prior suit for non-prosecution where the opposing party was present operates as a bar to instituting fresh proceedings on the same cause of action. This principle of procedural finality extends to other judicial forums to prevent the abuse of the legal process through repetitive, vexatious litigation.

1. The petitioners through the medium of present petition have sought the following reliefs:-

“I. An appropriate writ, order or direction, holding the petitioners entitled for the family pensioner benefits accrued in lieu of the death of the Constable Mohammad Amin Hajam in the wake of the remarriage of the respondent No.07 and commanding the respondents 01 to 05 not to release the pensioner benefits in question in favour of the respondent No.07 and make the payment of the same to the petitioners being the dependent parents of the deceased constable.

II. An appropriate writ, order or direction, commanding the respondent No.06 to make payment of the pension amount which has accumulated in the account lying with his bank to the petitioners.

III. Any other writ, order or direction which this Hon’ble Court deems just and proper, be issued in favour of the petitioner for the same would be in consonance with law and justice.”

2. Respondent No.7 in her objections to the writ petition has raised preliminary objection with regard to the maintainability of the writ petition. It has been submitted that the writ petition is not maintainable as the petitioners had filed a civil suit before the Court of learned Sub Judge, Pattan on the same cause of action against the respondents herein, which stands dismissed in terms of order dated 13.06.2022 passed by the said Court.

3. Vide order dated 24.03.2025 the petitioners were directed to place on record copy of Civil suit titled Ghulam Mohammad Hajam and Anr. vs Union of India and Ors as well as the certified copy of the order passed by learned Sub Judge, Pattan in the said suit. Pursuant to the said direction, the petitioners have placed on record certified true copy of the plaint filed by them before the Court of learned Sub Judge, Pattan. A certified true copy of order dated 13.06.2022 passed in the said suit has also been placed on record.

4. A perusal of the plaint filed by the petitioners before the learned Sub Judge, Pattan would reveal that in the said suit the petitioners have prayed for the following reliefs:-

“a. A Decree of declaration, declaring the plaintiffs entitled to the family pension in lieu of the death of their son, being his only surviving dependant parents, in view of the revival of their right on remarriage of the defendant No.06.

b. A decree of permanent injunction, whereby the official defendants be permanently restrained from making the payment of the family pension to the defendant No.06, having lost her entitlement by remarriage.

c. A decree of mandatory injunction, commanding the official defendants to make the payment of the family pension to the plaintiffs being the only surviving dependant parents of the deceased defence personal.

d. Any other order or direction which this Hon’ble court deems fit and proper in the attending facts and circumstances of the case be also passed in favour of the plaintiffs and against the defendant.”

5. The aforesaid suit came to be dismissed for non prosecution by the learned Civil Court vide its order dated 13.06.2022. The same is reproduced as under:-

“Nemo for the plaintiffs present. Ld.Counsel for defendant No.6 present. Perusal of the order sheet reveals that for the last two hearings nobody is appearing on behalf of plaintiff and today also nobody is present on their behalf which shows that plaintiffs are not interested in pursuing the suit. In view of the same, the instant suit is dismissed in default of appearance of plaintiffs. Be consigned to record.”

6. I have heard learned