Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), S. 12(2) & O. XXIII, R.1(3)---Suit for. declaration---Gift deed in favour of elder son executed by deceased father---Withdrawal of first suit filed by younger son and daughter challenging such gift---Withdrawal of second suit filed by younger son challenging such gift---Third suit by elder son against mother alleging to have denied his title to gifted property---Passing of consent decree in third suit in favour of elder son on basis of conceding statement of mother---Application by younger son under S. 12(2), C.P.C., for setting aside such consent decree--Validity---Younger son after having withdrawn first and second suits unconditionally became debarred under O. XXIII, R. 1(3), C. P. C., from filing another suit to question validity of gift---Object of younger son in moving such application was to re-agitate issue which already stood closed on account of his withdrawing earlier suits---Younger son could not be allowed to do indirectly what law barred him from doing directly---Application under S. 12(2), C.P.C., being a substitute for a suit, thus, limitations imposed by law on filing of suit would be relevant for such application---Plea of elder son that in case such application was accepted and consent decree was set aside, then he would withdraw suit, then in such eventuality, younger son would be left without remedy to question gift in view of dismissal of his previous suits as withdrawn---Such application was dismissed in circumstances. (b) Administration of justice--- ----Nobody could be allowed to do indirectly what law barred him from doing directly. (c) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Application under S. 12(2), C.P.C.---Limitations imposed by law on filing of suit would apply to such application for same being a substitute for a suit. Agha Muhammad Ali Khan, Advocate Supreme Court for Petitioner. Gulzarin Kiani, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondents. Date of hearing: 14th September, 2010. JUDGMENT NASIR-UL-MULK, J.---The subject-matter of this petition for leave to appeal is Property bearing No.…

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