Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--S. 12(2)--Constitution of Pakistan (1973), Art. 185(3)--Pre-emption--Decree by fraud or collusion--Setting aside of. Leave to appeal granted to examine, inter alia, question whether in a pre­emption matter, Civil Court can question decree granted by Revenue Court: if the answer is in affirmative in case of fraud and collusion notwithstanding provisions of section 12(2), C.P.C. could Civil Court set at naught the decree, by Revenue Court, without framing issues on the question of collusion and affording an opportunity to the parties to lead evidence and then determine the same as an independent question; whether in circumstances, it would be possible by Supreme Court to decide question with regard to propriety of one or the other decree on merits. Maqbool Ilahi Malik, Advocate Supreme Court and Tanveer Ahmad, Advocate-on-Record for Petitioner. Ch. Muhammad Hussain, Advocate Supreme Court and Rana MA. Qadri, Advocate-on-Record for Respondents. Date of hearing: 6th June, 1988. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the vendee's side in a pre-emption matter against the dismissal of his Civil Revision by the High Court. After hearing both the learned counsel at some length, we…

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