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 for setting aside ex parte decree---Fraud and misrepresentation---Contention of petitioner-defendant was that wrong address was mentioned in the plaint and ex parte decree was obtained through fraud and misrepresentation---Application for setting aside ex parte decree was accepted concurrently---Validity---Respondent-plaintiff could not lead any confidence inspiring evidence in support of his claim---Address of petitioner-defendant in the plaint was not correct and ex parte decree was obtained through fraud and misrepresentation---No misreading and non-reading of evidence had been pointed by the respondent-plaintiff--- Petitioner-defendant was justified in saying that he was not aware of the decree as same was obtained by mentioning his incorrect address---Present application was filed within time---Constitutional petition was dismissed in circumstances. Abdul Qadoos v. Additional District Judge, Rawalpindi and others 2005 SCMR 1428 and Mst. Rasool Bibi through Legal Heirs v. Additional District Judge, Sialkot and another PLD 2006 Lah. 181 rel. JUDGMENT SHAHID WAHEED, J.---The petitioner, on 9-7-1983 instituted a suit for specific performance of agreement to sell dated 9-7-1980 (Exh.R-1) against Shah Muhammad son of Ismail, predecessor-in-interest of present respondents Nos. 1 to 5 (hereinafter called "the respondents"). The suit was ex parte decreed by the learned trial Court vide judgment and decree dated 22-10-1984 (Exh.A.7) In compliance with afore-stated decree, sale-deed No. 1293 dated 20-3-1989 was executed and on its basis Mutation No. 325 dated 9-1-1992 (Exh.A-6) was attested in favour of the petitioner. The respondents on 20-3-1993 filed an application under section 12(2), C.P.C. for setting aside ex parte decree dated 22-10-1984. The petitioner contested the application by filing a reply. On divergent pleadings of the parties, issues were framed and evidence was led. After recording evidence, the learned. Trial Court accepted the application…

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