| Citation(s) |
|---|
| 2026 SLG 4096 = 2026 SLD 4096 |
W.P. No.15728 of 2019
Presented By: (RASAAL HASAN SYED) JUDGE
23.10.2025 Syed Tajammul Hussain Bukhari, Advocate for petitioner. Rana Mehboob Ali and Ch. Rashid Iqbal, Advocates for respondent Nos.3(a) to 3(h). Nemo for respondent Nos.4 and 5.
Mst. Bashiran Bibi
VERSUS
Addl. District Judge, Khanewal and others
Law: Code Of Civil Procedure, 1908.
Section: 12(2), 27, 28, 25
Law: Constitution of Pakistan 1973
Section: 199
Case Summary
The petitioner challenged the appellate court's order that set aside the trial court's decision and remanded the case for a fresh inquiry on an application under Section 12(2), C.P.C.
The petitioner had sought to set aside a 2008 consent decree, alleging it was obtained through fraud and impersonation. She claimed she had never entered into an agreement to sell the property, never appeared before the court, and never made any compromise statement. After recording oral and documentary evidence from both sides, the trial court accepted her application and declared that the decree had been obtained by fraud.
On appeal, the Additional District Judge remanded the case to the trial court with directions to summon Mst. Bashiran Bibi for comparison of signatures and then decide the application afresh.