Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117 120---Civil Procedure Code (V of 1908), S. 12(2)---Transaction by Parda Nasheen lady--- Onus to prove--- Principle--- Judgment, setting aside of---Misrepresentation and frauds/petitioners claimed to be owners of suit property on the basis of gift deed executed in their favour by defendant/respondent who was their sister---Trial Court decreed suit in favour of plaintiffs/petitioners on the basis of conceding statement/respondent denied making any conceding statement and sought setting aside of on the plea of misrepresentation and fraud---Trial Court in exercise of jurisdiction under S.12(2), C.P.C. set aside and decree passed against defendant/ respondent, which order was maintained by Lower Appellate Court---Validity---Judgment and decree in question was passed solely on the basis of consenting statement of defendant/respondent but neither she appeared during trial nor her statement was recorded---When defendant/ respondent came to know regarding fraud having been committed, she rushed to Court there and then and submitted application under S.12(2), C.P.C.---Heavy onus to prove was on transferee/beneficiary of transaction with Parda Nasheen lady---High Court declined to interfere in concurrent findings of facts by two Courts below as the same were result of proper application of judicial mind---Constitutional petition was dismissed, in circumstances. Mst. Rasheeda Bibi and others v. Mukhtar Ahmad and others 2008 SCMR 1384; Mirza Abid Baig v. Sahid Sabir (deceased) 2020 SCMR 601; Phul Peer Shah v. Hafeez Fatima 2016 SCMR 1225; Mian Allah Ditta through L.Rs. v. Mst. Sakina Bibi 2013 SCMR 868; Mst. Hussain Bibi and others v. Barkat Ali and others 2004 SCMR 1391 and Ghulam Ali and 2 others v. Mst.Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. JUDGMENT SAHIBZADA ASADULLAH, J.--- Through this writ petition petitioners have challenged the judgment dated 20.11.2018 passed by the learned Additional District Judge-V, Bannu, whereby Civil Appeal filed by the petitioners was dismissed and the judgment and order dated 11.01.2018 passed by learned Senior Civil Judge, Bannu was upheld whereby application under section 12(2) of the C.P.C.…

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