Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 35A

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and permanent injunction---Fraud---Effect---Husband of defendant lady embraced Shahadat and "Shuhada Package" was approved---Plaintiff filed suit that he was son of defendant lady---Suit was dismissed concurrently--- Validity---Plaintiff had committed fraud with the design of securing some unfair advantage over another---Fraud did vitiate the most solemn proceedings---Nothing was on record as to why defendant had disowned the plaintiff as her son---Defendant had entered name of plaintiff in the record to have share in the inheritance of deceased---Plaintiff had levelled adverse allegations of immorality on the part of defendant lady---Had plaintiff been son of defendant he could not have implicate his mother with such allegations---Plaintiff had played fraud with Pardanasheen lady, in circumstances---If plaintiff could be treated as adopted son of defendant even then he had no right in any part of legacy of deceased---Defendant lady had been made to suffer for long only for getting lawful emoluments of her deceased husband on the part of plaintiff---Revision was dismissed with costs, in circumstances. Lal Din and another v. Muhammad Ibrahim 1993 SCMR 710; Muhammad Younis Khan and 12 others v. Government of NWFP though Secretary, Forest and Agriculture, Peshawar and others 1993 SCMR 618; Ghulam Farid and another v. Sher Rehman through LRs 2016 SCMR 862; Mst. Banori v. Jilani through legal heirs and others PLD 2010 SC 1186 and rel. (b) Fraud--- ----Fraud did vitiate the most solemn proceedings. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE:---.--- Through instant revision petition, the petitioners have called in question the judgment and decree dated 10.05.2017 of learned District Judge, Karak, whereby appeal of petitioners against the judgment and decree dated 08.04.2015 of learned Civil Judge-I, Karak was dismissed. 2. Brief facts of the case are that the respondent No.1 instituted a suit for declaration cum permanent mandatory injunction and for recovery of Rs.1000000/-, as damages against NADRA and 9 others. It was averred in her plaint that Qabil Rehman the…

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