Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 12 (2)---Transfer of Property Act (IV of 1882), S.52---Suit for declaration---Ex-parte decree, setting aside of---Fraud and misrepresentation--- Alienation of property in presence of injunctive order---Caveat emptor, principle of---Applicability---Bona fide purchaser---Applicant purchased suit property in presence of injunctive order---Contention of applicant was that he was bona fide purchaser of suit land---Validity---Applicant purchased suit land in violation of injunctive order---Principle of caveat emptor was applicable in the present case---Plea of bona fide purchaser could not be agitated in presence of injunctive order---Transaction made during pendency of litigation could not affect the rights of any other party to the litigation who might acquire it under the decree passed by the court---Applicant was bound to prove the existence of fraud, misrepresentation and want of jurisdiction---Applicant was not party in the main suit and no question for his impleadment in the same would arise---No fraud, misrepresentation or jurisdictional defect had been pointed out in the impugned and decree---Trial Court was not bound to frame issue before deciding the application filed under S.12(2), C.P.C.---Mere allegation of fraud was not sufficient to set at naught the of a court of competent jurisdiction---Person asserting fraud had to bring on record sufficient and cogent material substantiating his plea of fraud---Appellate Court had erred in law while setting aside well-reasoned order of Trial Court---Impugned order passed by the Appellate Court was set aside and that of Trial Court was restored while dismissing the application for setting aside ex-parte decree---Constitutional petition was allowed in circumstances. Industrial Development Bank of Pakistan through Deputy Chief Manager v. Saadi Asmatullah and others 1999 SCMR 2874; Khadim Hussain v. Abid Hussain and others PLD 2009 SC 419; Nazir Ahmed v. Muhammad Sharif and others 2001 SCMR 46 and Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Exercise…

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