Law: Civil Procedure (Special Provisions) Ordinance, 1968

Section: 12(2)

Civil Procedure Code (V of 1908)-- ----S. 12(2)---Pakistan Administration of Evacuee Property Act (XII of 1957), S. 41---Fraud and misrepresentation---Compromise decree---Evacuee property---Bar on jurisdiction of civil Court---Scope challenged compromise decree being based on fraud and misrepresentation---Suit was dismissed concurrently---Validity---Jurisdiction of civil Court would be ousted only when declaration was sought against the Custodian of Evacuee Property, however, when the dispute was of civil nature between the parties then jurisdiction of civil Court could not be claimed to have been ousted---Compromise decree had been passed on the statement of plaintiffs could not take an inconsistent position by saying that fraud had been committed---General allegation of fraud could not be accepted until the details and manner of commission of fraud was proved by the party---Appeal was dismissed, in circumstances. 2006 SCR 92; and 2006 SCR 183; 1999 YLR 2473; 2014 CLC 1718; 2003 YLR 683; 2016 SCR 146; 2011 SCR 114; 2011 SCR 214; 1998 SCR 204; 1999 SCR 494; 2015 YLR 1923; 2003 SCR 142; Adalat Khan's case 1995 SCR 151 and 2004 SCR 510 ref. Hassan Muhammad v. Muhammad Din 1999 MLD 373 rel. JUDGMENT GHULAM MUSTAFA MUGHAL, JUSTICE:---.--- The captioned appeal by leave of the Court arises out of the judgment dated 24.4.2018 passed by the Azad Jammu and Kashmir in Civil Appeal No. 247 of 2005. 2. The facts necessary for disposal of the captioned appeal are that the appellants, herein, filed a suit for declaration-cum-perpetual injunction in respect of land bearing present survey No. 643 measuring 5 kanal and survey No. 644 measuring 4 kanal and 3 marla along with two shops, situated at Chatter Domail, Muzaffarabad, against the respondents, herein, before the Court of Civil Judge, Muzaffarabad on 11.1.2001. It was claimed that land comprising Khasra No. 51 measuring 30 kanal was allotted to plaintiff and out of the said land, plaintiff No.1 transferred land measuring 5 kanal through sale-deed and also handed over the possession of the same. It was averred that defendant No. 2 constructed the shops on the suit land, which are present on spot. It was stated that the…

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