Law:

Section:

(a) Equity------- One who seeks equity must do equity. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)...Ex parte decree obtained by fraud and misrepresentation --­Validity---Property in question was owned by deceased lady --­Plaintiff/petitioner who was widow of the step-son of said deceased owner filed a suit for declaration that suit property was gifted to her by her late husband and she was in its possession in her own rights---Plaintiff/petitioner impleaded her own children as defendants instead of legal heirs of deceased lady, the owner of the property, and thus succeeded in obtaining a collusive ex parte decree in her favour---Respondent, the real son of the deceased owner made an application under S. 12(2), C.P.C. before the Court passing the decree challenging the said ex parte decree on ground of fraud and misrepresentation which was accepted ,and cx parte decree was set aside ---Plaintiff assailed the order of Trial Court in revision before High Court---&W, Court on basis of evidence was correct in setting aside ex parte decree which was obtained through fraud, misrepresentation and deliberate concealment of facts--­Plaintiff was directed to amend her plaint by impleading real legal owners of the deceased lady as party to suit---Order of Court below whereby ex parte decree was set aside was affirmed in circumstances. (c) Civil Procedure Code ( V of 1908)--- ----S.12(2)---Maxim "Ex dolo malo non oritur actio" (No right of action can have its origin in fraud)---Ex parte decree having been obtained through fraud, misrepresentation and concealment of facts was rightly set aside on basis of maxim "ex dolo malo non oritur actio".---[Maxim]. Qazi Muhammad Shehryar for Petitioner. Sardar Nasir Aslam Khan for Respondent. Date of hearing: 21st March, 1995. JUDGMENT MIAN MUHAMMAD AJMAL, J.---Mst. Surriya Begum, petitioner herein, filed Suit No.272/1 of 1988 against Munib Ahmed and others (her own children) seeking declaration that house bearing Nos.1556, 1557, 1558, 1559 and 1560 known as 'Dar-ul-Noor' Kutcheri Road, Abbottabad is owned and possessed by her on the basis of gift by her husband and that respondents have no right whatsoever to claim the…

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