Law:

Section:

Specific Relief Act (I of 1877)--S. 12---Civil Procedure Code (V of 1908), S.12(2)---Colonization of Government Lands (Punjab) Act (V of 1912), S.19---Constitution of Pakistan (1973), Art.185(3)---Consent decree---New plea before Supreme Court--­Admissibility ---Collaterals of defendant against whom decree in question, was granted challenged such decree under S.12(2), C.P.C. on ground of fraud and misrepresentation having been practised on defendant in obtaining decree--­Application under S.12(2), C.P.C. was dismissed by Trial Court as also by Appellate Court---High Court in Constitutional jurisdiction, affirmed that decree---Validity---Defendant's confessional statement had been recorded by Trial Court and his identity card's copy was attached with his written statement---Defendant was also identified by his counsel---In face of such evidence, no legitimate exception could be taken to finding recorded by Courts below that allegation of fraud and misrepresentation was not established on record---No infirmity in appreciation of evidence by Courts below was pointed out---Defendant tried to raise new plea which he had not taken in Courts, below that document comprising agreement to sell, was in fact, sale-deed, which was hit by provision of S.19, Colonization of Government Lands (Punjab) Act, 1912)---Such plea having not been taken in Courts below could not be allowed to be taken for the first time before Supreme Court---Defendant's case, however, would not come within purview of S.12(2), C.P.C. even if he was allowed to raise such plea---Leave to appeal was refused in circumstances. N.M. Tayyab, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 10th April, 1995. JUDGMENT ZIA MAHMOOD MIRZA, J. ---Petitioners have filed this petition to seek leave to appeal against an order of a learned Judge of Lahore High Court dated 5-12-1994 dismissing their writ petition filed against the orders of the Courts below dismissing their application under section 12 (2), C.P.C. 2. Facts relevant for the disposal of this petition, briefly stated, are that Muhammad Sharif respondent No.1 brought a suit against…

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