| Citation(s) |
|---|
| 2020 SLG 2148 2020 SLD 2148 2020 YLR 1678 |
Sindh High Court
J.M. No. 7 of 2016 along with J.M. No. 81 of 2015, Suit No. 2070 of 2014 and Suit No. Nil of 2016, decision & hearing Dated: 25-04-2019
MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Mazhar Imtiaz Lari for Applicant (in J.M. No.81 of 2015). Naveed Ahmed for
Respondents Nos. 1 and 2 (in J.M. No.81 of 2015). Mansoor Ahmed Sheikh for
Respondent No.3 (in J.M. No.81 of 2015). Irfanullah Khan for
Respondent No.4 (in J.M. No.81 of 2015).
J.M. No. 7 of 2016 along with J.M. No. 81 of 2015, Suit No. 2070 of 2014 and Suit No. Nil of 2016, decision & hearing Dated: 25-04-2019
MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Mazhar Imtiaz Lari for Applicant (in J.M. No.81 of 2015). Naveed Ahmed for
Respondents Nos. 1 and 2 (in J.M. No.81 of 2015). Mansoor Ahmed Sheikh for
Respondent No.3 (in J.M. No.81 of 2015). Irfanullah Khan for
Respondent No.4 (in J.M. No.81 of 2015).
MUHAMMAD IQBAL PIRANI
VS
KHURRAM ASHRAF AND 2 OTHERS
Law: Civil Procedure Code (V of 1908)
Section: 12(2),3
Civil Procedure Code (V of 1908)-- ----S. 12 (2) & O. XXIII, R. 3---Compromise decree---Fraud and misrepresentation---Decree, setting aside of--- Scope--- Plaintiff impleaded defendant in the suit through his attorney who submitted written statement on behalf of defendant---Attorney of defendant filed application for compromise of a suit and impugned decree was passed---Contention of defendant was that decree had been obtained through fraud and misrepresentation---Validity---Application filed for compromise of a suit had signatures of plaintiff and attorney of defendant but not of the defendant---Defendant was the owner of suit property but he had not signed the application for compromise of a suit---Impugned decree passed on the basis of an application filed under O.XXIII, R.3, C.P.C. was collusive and had been obtained through misrepresentation and fraud---Impugned order and decree passed on the application for compromise were set aside, in circumstances. Qurban Hussain and 2 others v. Hukam Dad PLD 1984 SC (AJ&K) 157; Qurban Hussain and others v. Hukum Dad PLD 1984 SC (AJ&K) 1; Mrs. Sarwat Siddique and others v. Muhammad Yousaf 1985 CLC 2831 and Haji Farman Ullah v. Latif-ur-Rehman 2015 SCMR 1708 ref. Zafarul Islam v. Mrs. Azra Malik PLD 1991 Kar. 377 and Messrs Dadabhoy Cement Industries Ltd. and 6 others v. National Development Finance Corpora-tion, Karachi 2002 SCMR 1761 rel. ORDER MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- By this common order, I intend to dispose of the two Judicial Miscellaneous Applications being J.M. Nos. 81 of 2015 and 07 of 2016 ("J.Ms."). In both these J.Ms., the respective applicants have sought the relief of setting aside the Order dated 06.07.2015 and Decree passed in Suit No.2070 of 2014. 2. The relevant facts for deciding these two petitions are that the entire controversy revolves around two immovable properties viz. Plot Nos.38-C and 40-C, Murtaza Commercial Lane No.1, Phase VIII, D.H.A., Karachi, measuring 200 Square Yards each (the "Subject Properties"). The Applicant / Petitioner in J. M. No. 81 of 2015 claims that both Subject Properties were purchased earlier by his son Abdus Samad from Respondent No.3…
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