Law:

Section:

Civil Procedure Code (V of 1908)----- -----S. 12 (2)-----Specific Relief Act (I of 1877), S. 12-----Suit for specific performance of agreement to sell-----Remand of case-----Death of party-----Non-impleading of legal heirs-----Fraud and misrepresentation-----Decree, setting aside of-----Scope-----Case was remanded to the Appellate Court for referring thumb impressions of defendant-vendor to the hand writing expert for his opinion-----Defendant-vendor expired during the proceedings and Appellate Court decreed the suit without impleading her legal heirs-----Contention of applicants was that impugned and decree were obtained by fraud and misrepresentation-----Application for setting aside decree was dismissed by the Appellate Court-----Validity-----Nothing was on record as to whether any attempt was made to implead legal heirs of defendant-vendor in the proceedings before passing impugned -----Appellate Court did not advert to the claim of applicants that no attempt was made to serve them in the proceedings after death of vendor-defendant-----Evidence of the parties was to be recorded to decide the disputed facts among them and to arrive at a just conclusion-----Remand of the case for decision afresh did not bar the court to decide such application on its own merits-----Applicants being legal heirs of the vendor-defendant had right of representation in the proceedings initiated against her in her life time-----Appellate Court had not carefully and attentively dealt with the matter and had not considered available record properly-----Impugned order had not been passed on appreciation of any material available on record which was set aside-----Matter was remanded to the Appellate Court for decision afresh by considering the entire material available on record-----Revision was allowed in circumstances. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:----------- Applicants claim to be legal heirs of Mst. Nabiyat Khatoon (since dead) against whom Mst. Haleema Khatoon (since dead) had filed F.C. Suit No. 23 of 1972 for Specific Performance of Contract, in respect of agricultural land admeasuring 60-17-1/5 acres situated in deh 241 Taluka Mirpurkhas in the court of…

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