Law:

Section:

Civil Procedure Code (V of 1908)-------Ss. 12(2) & 115---Specific Relief Act (I of 1877), Ss.12 & 42---Suit for declaration---Compromise decree---Decree was challenged on ground of fraud and misrepresentation---Plaintiff/petitioner (wife) claiming ownership of suit property in lieu of dower, filed suit against defendant/respondent who was her husband---Trial Court dismissed suit, but Appellate Court decreed the same on basis of compromise arrived at between the parties---Other respondent who claimed agreement of sale in his favour in respect of suit property arrived at between him and. husband of plaintiff, had filed suit for specific performance of agreement which was pending adjudication--­,Respondent, who had filed suit for specific performance of agreement against husband of petitioner, filed application under S.12(2), C.P.C. alleging that compromise decree had been obtained collusively (by wife against her husband) in order to frustrate agreement of sale arrived at between him and the other respondent (husband of petitioner)---Said application was accepted by Court directing to add said respondent as party in the case---Respondent, who was adversely affected by compromise decree to which he was not party, could file application under S.12(2), C.P.C.---Application competently filed having been accepted by Appellate Court, order of Appellate Court passed after framing issues, and enabling parties to produce evidence in support of their .respective claims, could not be interfered with in revision. Muhammad Sharif v. Dr. Khurshid Anwar Mian 1996 SCMR 781; Mst. Hamida Begum v. Muhammad Saleem 1988 CLC 2456; Altaf Parekh v. Delments Construction Company 1992 CLC 700; Mst. Shaheen v. -Karachi Building Control Authority PLD 1997 Kar. 659 and Khawaja Muhammad Yousaf v. Federal Government through Ministry of Kashmir Affairs and others 1999 SCMR 1516 ref. JUDGMENT Suit for declaration was filed by the petitioner against respondent No.2, who are husband and wife, claiming therein the ownership of the suit shop, on the basis of some entry in the Nikahnama in lieu of dower. The learned trial Court dismissed the said suit on 28-1-1997 whereagainst an appeal was…

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