Law:

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Specific Relief Act (I of 1877) -- S. 12 Civil Procedure Code (V of 1908), O.VIII, R.1 Suit for specific performance of agreement to sell Submission of plaint and consenting written statement by both parties on same day ¬Effect No cause of action would be available to plaintiff, thus, suit could not be decreed in such circumstances Principles illustrated. Khawaja Muhammad Farooq, Advocate Supreme Court for Petitioners. Ch. Muhammad Anwar, Advocate Supreme Court for Respondents Nos. 1, 2, 4 to 5. Nemo for Respondents Nos.3, 6 to 18. Date of hearing: 24th January, 2005. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, ACTG.C.J. This petition has been filed for leave to appeal against the judgment, dated 13th January, 2000 passed by the Lahore High Court, Lahore. 2. Precisely stating facts of the case are that respondents filed a suit on 5th May, 1964 for declaration and permanent injunction that the decree dated 14th January, 1963 passed by the trial Court allegedly with the consent of the parties is a result of fraud and misrepresentation, therefore, it being void ab initio had no legal effect as such the same may be cancelled and by passing an injunction the mutation entries issued in favour of the petitioners on the basis of same be cancelled and possession of the property, subject matter of the suit, be restored which was dismissed by the trial Court on 20th May, 1976. Learned Appellate Court maintained the judgment of trial Court and appeal filed by them was dismissed on 4th February, 1989. Whereas learned Lahore High Court vide impugned judgment, dated 13th January, 2000 set aside the judgments of learned trial and Appellate Courts and decreed the suit of the respondent as such instant petition for leave to appeal has been filed. 3. Learned counsel contended that the consent decree, dated 14th January, 1963 was passed by the trial Court with the consent of both the parties but learned High Court in exercise of its revisional jurisdiction on reappraisal of the evidence interfered in the concurrent findings of the trial and Appellate Courts without any legal justification. 4. On the other hand learned counsel for caveat contended that learned High Court had taken into…

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