Law: Civil Procedure Code (V of 1908)

Section: 12(2),O.XXIII,R.3

Law: Specific Relief Act, 1877

Section: 12,39,42,53

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2) & O.XXIII, R.3---Specific Relief Act (I of 1877), Ss.12, 39, 42 & 53---Suit for specific performance of agreement, declaration, cancellation of document, injunction and damages---Consent decree---Application under S.12(2), C.P.C. alleging that decree was obtained by misrepresentation and fraud by respondent as the applicant was put under threats for obtaining his signatures on the compromise application, as such, the consent decree was not free and binding on him---Validity---Application under S.12(2), C.P.C. was filed after one year and ten months from the date of passing of the consent decree---In case any misrepresentation was made by the respondent or any fraud was practised it was not shown as to what were the circumstances which compelled him to remain silent for such a long period from the date of passing of the decree---Application was completely silent to show that what type of the influence had been practised by respondent to compel him to sign the compromise application-Held, for the purpose of consideration of the application under S.12(2), C.P.C., the applicant was required to set forth each and every detail of allegations which according to him were necessary to establish the case of setting aside a consent decree but he failed to do so---Application being meritless was dismissed in circumstances---Principles. Abdul Aziz Khan Niazi and others v. Mrs. Salama Rahman and another 1992 CLC 777; Muhammad Qasim v. Abdul Karim 1993 MLD 1617, Lal Din v. Muhammad Ibrahim 1993 SCMR 710; Muhammad Akram v. Dr. Ghulam Rabbani and others PLD 2006 SC 773 and Mobina Begum v. The Joint Secretary Ministry of Religious and Minority Affairs, Government of Pakistan, Islamabad and 2 others (sic) distinguished. Mst. Nasira Khatoon and another v. Mst. Aisha Bai and 12 others 2003 SCMR 1050; Water and Power Development Authority through Chairman and 5 others v. Messrs Sea Gold Traders 2002 MLD 19 and the Commanding Officer, National Logistic Cell and another v. Raza Enterprises and others 2003 CLC 719 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XXIII, R.3---Compromise decree---Status quo in any way does…

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