Law: Specific Relief Act, 1877

Section: 42

(a) Specific Relief Act (I of 1877)--- ----S. 42---Compromise in court---Suit for declaration and cancellation of compromise deed---Fraud---Proof of---Procedure---Principle of estoppel and waiver---Applicability---Suit was filed wherein gift deed was challenged---Trial Court decreed the said suit and appeal was filed by the defendant---Compromise was effected between the parties and appeal was dismissed restoring the gift deed---Plaintiff instituted another suit that compromise was obtained fraudulently---Suit was dismissed by the courts below and confirmed by the High Court---Validity---Plaintiff had failed to prove fraud and deception in his evidence---Statement of father of plaintiff appeared to be genuine and was made with his free-will without any influence by the Appellate Court---Said statement had been recorded correctly by the Appellate Court in his official capacity---Father of the plaintiff had not denied his appearance before the Appellate Court on the date of filing of application for compromise as well as his signatures/thumb impression affixed on the said application---Plaintiff had failed to prove the allegations levelled in the plaint through cogent evidence---Plaintiff could not be allowed to turn round and assail the said which was passed after due course of law---Plaintiff was estopped to re-open the matter subsequently through suit before the Civil Court to obtain and decree according to his own choice---Plaintiff was aware of the matter of compromise and he could not claim to be ignorant of contents of application for compromise---Act of plaintiff was against the principle of estoppel and waiver---Plaintiff was bound to prove that fraud was played upon him by the defendant---Plaintiff had said nothing with regard to the facts/events of fraud---Plaintiff had failed to discharge the burden of proof of allegation levelled in the plaint which was sufficient to disentitle him for the prayed relief---No illegality or infirmity had been pointed out in the impugned of High Court---Appeal was dismissed in circumstances. Akhtar Khan and 9 others v. Sarwar Khan and 12 others 2003 YLR 2812; Muhammad Rasheed and another v. Muhammad Bashir and another…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492