| Citation(s) |
|---|
| 2021 SLG 447 2021 SLD 447 2021 PLJ 318 |
Lahore High Court
W.P. No. 9438 of 2016, decided on 16.11.2020, Date of hearing: 16.11.2020.
MASUD ABID NAQVI, JUSTICE
Mr. Athar Ali Bhinder, Advocate for Petitioners. Ch. Muhammad Rafique Gujjar, Advocate for
Respondents No. 1, 2, 3 and 5.
W.P. No. 9438 of 2016, decided on 16.11.2020, Date of hearing: 16.11.2020.
MASUD ABID NAQVI, JUSTICE
Mr. Athar Ali Bhinder, Advocate for Petitioners. Ch. Muhammad Rafique Gujjar, Advocate for
Respondents No. 1, 2, 3 and 5.
SHOUKAT ALI ETC.
VS
MUHAMMAD ANWAR ETC.
Law:
Section:
Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2)--Specific Relief Act, (I of 1877), Ss. 9, 42 54--Constitution of Pakistan, 1973, Art. 199--Suit for declaration possession and permanent injunction--Joint statement--Compromise--Request for withdrawal of suit--Dismissed as withdrawn--Application for setting aside--Consenting order--Allegation of fraud on part of respondents--Authority of judicial record--Challenge to--Neither deceased challenged order in his lifetime nor plaintiff has challenged said order s failed to substantiate alleviation of fraud on part of respondents/defendants--Mere allegation not supported by any material would not invariably warrant inquiry or investigation--Authenticity of judicial record cannot be doubted without any solid proof and only on oral arguments s has not been able to point out any plausible ground due to which he is seeking setting aside of impugned orders, hence, they are not entitled to any relief--No infirmity, legal or factual, has been pointed out in impugned orders, requiring interference--Petition dismissed. [Pp. 319 320] A, B, C D 2004 SCMR 843 ref. ORDER Brief facts of this writ petition are that plaintiffs/predecessor in interest of present petitioners filed suit for declaration, possession and permanent injunction wherein respondents/ defendants entered appearance and in presence of respondents/defendants, all the three plaintiffs got recorded their joint statement on 16.06.2009 to the effect that compromise has been effected between the parties and they requested for withdrawal of the suit, whereupon the suit was dismissed as withdrawn vide order dated 16.06.2009. Thereafter on 23.04.2010 the petitioners No. 2 to 9/legal heirs of plaintiffs No. 1 and Petitioner No. 1 Defendant No. 2 filed an application under Section 12(2), CPC for setting aside consenting order dated 16.06.2009 and the Same was dismissed vide order dated 13.02.2014, Feeling aggrieved, civil revision challenging…
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