Law: Code Of Civil Procedure, 1908.

Section: 12(2), 10(2)

Law: Specific Relief Act, 1877

Section: 23

Law: Limitation Act, 1908

Section: 113, 181

Law: Constitution of Pakistan 1973

Section: 10-A

 Summary

The petitioner challenged the dismissal of his application under Section 12(2) CPC, which sought to set aside a consent decree for specific performance obtained by the plaintiff on the basis of an alleged agreement to sell dated 15.11.2004.

The petitioner claimed that:

• the decree was obtained through fraud, collusion and misrepresentation;
• he himself had a later agreement to sell dated 13.04.2006 with the original allottee;
• he possessed the original allotment documents and had paid the full sale consideration;
• the plaintiff's agreement was forged and backdated.

The Trial Court dismissed the application without recording evidence.