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Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2) & O. XXIII, R. 3--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Suit for specific performance, decreed--Compromise statements--Assuming its duty--Application u/S. 12(2) CPC--Fraud and misrepresentation--Maintainability--Concurrent findings--Validity--Held: Determination of allegations of fraud and misrepresentation ordinarily involve--Investigation into a question of fact in such case an inquiry is ordinarily to be held to decide the matter, but the Court is not under obligation to frame issue and record evidence and follow the procedure prescribed the decision of suit--Petitioner miserably failed to point out any illegality or jurisdictional error in it or that same was perverse coram non judice and without lawful authority. [P. 1140] A & B 2001 SCMR 46 & 2003 SCMR 1050 Ref. Order Briefly stated, the facts of the case are that one Lal Din Plaintiff-Respondent No. 1 (herein) had filed a suit for Specific Performance of the agreement to sell dated 18-12-2005 for a consideration of an amount of Rs. 3,00,000/-, in the Court of learned Civil Judge Pasrure, against Muhammad Yusuf defendant-petitioner (herein). It was asserted in the plaint that in compliance with the agreement to sell, an amount of Rs. 60,000/- was paid as earnest money and the remaining amount was to be paid at the time of registration of sale-deed. On 21.2.2004, an application was filed before the Duty Civil Judge who summoned the file of the case where the plaintiff and his counsel made a statement and handed over a cheque valuing Rs. 2,40,000/- in the name of defendant to be encashed in National Bank of Pakistan Main Branch Pasrure. The statements of the parties and their counsels were recorded and as a sequal thereof, the trial Court on assuming its duty vide judgment and decree dated 27.4.2004, decreed the suit. On 17.6.2004 an application under Section 12(2) GPO had been filed by the defendant through his son Tahir Hussain for setting aside the ex parte decree, asserting therein that the defendant being an infirm and rustic person aged about 75 years is unable to pursue the case and the application,…

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