Law: Civil Procedure Code (V of 1908)

Section: S.12(2),O.XXIII,R.3

Civil Procedure Code (V of 1908)--- ----O.XXIII, R.3 & S.12(2)---Suit for declaration and permanent injunction---Compromise decree, setting aside of---Limitation---Application under S.12(2), C.P.C.---Fraud and misrepresentation---Non-framing of issues---Effect---Trial Court dismissed petition for setting aside of compromise decree but Appellate Court remanded the matter for decision afresh after recording of evidence---Validity---Petitioners had raised specific plea of fraud and misrepresentation which had been denied by the respondent while submitting reply of petition---Parties should have been provided reasonable opportunity to produce their evidence, in circumstances---Framing of issues in every application under S.12(2), C.P.C. was not necessary but in certain cases issues should be framed and evidence was required for just conclusion---No illegality or irregularity had been pointed out in the impugned order passed by the Revisional Court---Constitutional petition was dismissed, in circumstances. Farman Ullah v. Latif-ur-Rehman 2015 SCMR 1708 rel. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, J.--- Through this Constitutional Petition the petitioner prayed as under: "It is therefore, prayed that impugned order passed by respondent No.9 on 13.12.2017 may be set-aside/strike down and order passed by Senior Civil Judge-I, Quetta on 14.12.2015 may be ordered to be maintained/hold the field. This will meet the ends of justice." 2. Brief facts leading to file the referred Constitutional Petition are that the parties filed two Civil Suits i.e. Civil Suit No.170 of 2000 and Civil Suit No.17 of 2001. In Civil Suit No.170 of 2000, the plaintiffs Jan Bibi and others, sought Declaration, Correction of Mutation Entries, Partition and Permanent Injunction, with the averments that the plaintiff and defendants Nos.1 to 8 are legal heirs of Late Abdul Hayee, who contracted two marriage with plaintiff No.1 and dependent No.8. The predecessor-in-interest was Superintendent in Regional Transport Authority, who died on 17-10-1999. The late Abdul Hayee left behind various properties in Quetta District as well as in Mastung District, purchased mostly by Banami…

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