Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Factual controversy, resolution of---Principles---High Court, in exercise `of its Constitutional jurisdiction is not supposed to dilate upon controversial questions of facts and to interfere in concurrent findings on such questions---If findings of fact are based on misreading or non-reading of evidence or are not supported by any evidence, High Court, without any hesitation, can interfere in the matter, in its Constitutional jurisdiction. (b) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan (1973), Arts.185(3) & 199---Constitutional jurisdiction of High Court---Decree based on fraud and misrepresentation, setting aside of---Admission of signatures on written statement---Effect---Suit for specific performance of agreement to sell was decreed in favour of plaintiff on the first date fixed for appearance of defendant---Decree was passed on the basis of consenting written statement---Defendant filed application under S.12(2), C.P.C. for setting aside the decree on ground of fraud and misrepresentation---Though defendant admitted his signatures on written statement but he refused to have engaged the counsel in that case who filed written statement---Contention of the defendant was that the counsel, who filed the written statement, was his counsel in some other case and was closely related to plaintiff, who had obtained his signatures on blank paper for use in other case but fraudulently misused his signatures in the present case---Application was dismissed by Trial Court as well as by Appellate Court but High Court in Constitutional jurisdiction set aside the decree--- Plea raised by plaintiff was that concurrent findings of two Courts below could not be set aside in exercise of Constitutional jurisdiction---Validity---Mere admission of defendant that his signatures on the written statement were in his hand, would not be sufficient to draw an adverse inference in view of the explanation of defendant---Explanation of defendant was plausible as it was usual practice of Advocates in subordinate Courts that they kept…

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