Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

(a) Contract Act (IX of 1872)--- ----Ss. 201 & 208---Civil Procedure Code (V of 1908). S. 12(2)---Punjab Pre-emption Act (IX of 1991), S. 13---Registered power-of-attorney, cancellation of---Scope---Cancellation neither registered nor on a stamp paper---Effect of such cancellation with regard to third parties---Pre-emptor/appellant had filed a suit for pre-emption against the vendee---Suit was dismissed by Trial Court---Pre-emptor filed an appeal before appellate court, during pendency of which agent/attorney of vendee recorded his statement in Appellate Court to the effect that both parties had entered into a compromise---Appellate court decreed the suit for pre-emption on basis of such compromise---Subsequently vendee filed an application under S. 12(2), C.P.C. contending that the compromise was invalid because he had cancelled his attorney's power-of-attorney before he made the compromising statement before Appellate Court---Validity---Vendee did not deny that a registered power-of-attorney was indeed executed by him in favour of his attorney/agent---Cancellation of power-of-attorney was neither registered nor was it on stamp paper, in fact such cancellation was on a plain piece of paper---Pre-emptor was a third person who had no notice of the cancellation of the power-of-attorney by the vendee---Pre-emptor could not be burdened with any notice of any cancellation of the power-of-attorney---Appeal filed by vendee was dismissed accordingly. Raza Munir and another v. Mst. Sardar Bibi and 3 others 2005 SCMR 1315 and Muhammad Ali Razi Khan v. Muhammad Ali Zaki Khan and others 2007 MLD 54 distinguished. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Decree challenged on the plea of fraud---Person against whom fraud alleged---Necessary party, impleadment of---Scope---Section 12(2), C.P.C. was a substitute for a separate/independent suit for setting aside of a decree---Application under S. 12(2), C.P.C. had all the relevant attributes of a suit and therefore, the person against whom an allegation of fraud was made was a necessary party and must be impleaded in the application as a -Respondent. ORDER JAWWAD S. KHAWAJA, J. ---We have heard this case at…

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