| Citation(s) |
|---|
| 2018 SLG 1752 2018 SLD 1752 2018 YLR 1611 |
Balochistan High Court
Civil Revisions Nos. (s) 31, 33 and 34 of 2014, decision Dated: 27-03-2018. Hearing Date : 23-02-2018.
ABDULLAH BALOCH, JUSTICE
Ahsan Rafiq Rana for Petitioner. Husnain Iqbal for
Respondent No.1. Muhammad Sadiq Ghuman for
Respondents Nos. 2, 4 to 11. Muhammad Iqbal Marghzani for
Respondent No.3. Muhammad Aslam Jamali, AAG for Official
Respondent.
Civil Revisions Nos. (s) 31, 33 and 34 of 2014, decision Dated: 27-03-2018. Hearing Date : 23-02-2018.
ABDULLAH BALOCH, JUSTICE
Ahsan Rafiq Rana for Petitioner. Husnain Iqbal for
Respondent No.1. Muhammad Sadiq Ghuman for
Respondents Nos. 2, 4 to 11. Muhammad Iqbal Marghzani for
Respondent No.3. Muhammad Aslam Jamali, AAG for Official
Respondent.
ABDULLAH AND 5 OTHERS
VS
RAHEEM KHAN AND 12 OTHERS
Law:
Section:
Civil Procedure Code (V of 1908)--- ----S. 12 (2)---Suit for declaration---Decree, setting aside of---Fraud and misrepresentation---Question of fraud and misrepresentation had rightly been decided by the Courts below---Petitioners had failed to point out any illegality or irregularity in the impugned orders---Findings recorded by the Courts below were well reasoned---Petition did not disclose any fraud and misrepresentation committed by the Courts below while passing the s and decrees rather petitioners contested the proceedings---No case of fraud and misrepresentation had been made out---Revision was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE:---.--- Through this judgment I intend to dispose of Civil Revision Petitions Nos.(s) 31, 33 and 34 of 2014 filed by the petitioner Abdullah and others against the order dated 9th June 2014 (hereinafter referred as, "impugned order") passed by the learned Additional District Judge-I, Sibi (hereinafter referred, as "appellate Court"), whereby applications under Section 12(2), C.P.C. filed by the petitioners were dismissed separately, however, common question of law is involved in all petitions, thus decided together. 2. Brief facts of the cases are that the petitioners/applicants filed miscellaneous applications under Section 12(2), C.P.C. for setting aside judgment and decree dated 28th August 2007 passed by the learned Senior Civil Judge, Sibi and Judgment and decree dated 20th October, 2007 passed by the learned Additional District Judge-I, Sibi with averments that the applicants and respondents Nos.1 to 10 and 13 are legal heirs of late Abdul Ghafoor, who contracted three marriages in his life and died in January 1995. He left behind ancestral property, which was automatically devolved upon the legal heirs as per Sharia law. 3. It is further alleged by the petitioners that there are different suits filed by the legal heirs of the late Abdul Ghafoor against each other and the same were decreed by the consent of the participants vide judgment and decree dated 28th August 2007, passed by the learned Senior Civil Judge, Sibi and thereafter an Appeal No.12/2007 was filed before the…
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