Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Specific Relief Act (I of 1877), S. 12---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for specific performance of contract---Application alleging fraud and misrepresentation---Requirements---Consent decree, setting aside of---Ingredients---Compromise statement---Scope---Contention of applicant was that Trial Court had not framed issues---Application for setting aside consent decree was dismissed concurrently---Validity---Applicant was identified by his counsel whose thumb impression as well as signature were also obtained on the margin of order sheet---Applicant had not stated that he did not engage his counsel and his counsel did not identify him while making the statement of compromise in the suit---No affidavit of counsel of applicant was annexed that he did not identify him at the time of recording statement of compromise nor any application against the said counsel was moved---No particulars or details of fraud and misrepresentation had been given in the application while challenging judicial proceedings---Judicial proceedings had presumption of truth and mere application not supported by any material would not warrant inquiry or investigation in each case---Trial Court had to see whether the facts and circumstances of the case would require further probe into the allegations or not---Trial Court should frame issues and record evidence of the parties if further inquiry was required and if no inquiry was required then Trial Court was not bound to frame issues in each and every case---Consent decree did not suffer from fraud, misrepresentation or want of jurisdiction and same was not amenable to challenge under S. 12 (2), C.P.C.---No ingredient for challenging the validity of decree was available to the applicant---Orders passed by the courts below were neither perverse nor illegal---Constitutional petition was dismissed in limine. Messrs Dadabhoy Cement Industries Ltd. and 6 others v. National Development Finance Corporation, Karachi PLD 2002 SC 500 rel. THIS ORDER PASSED BY: SADAQAT ALI KHAN, J.--- The instant Writ Petition No.268 of 2014 has been filed by the present petitioner…

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