Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 12(2) & O.VII, R.11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Setting aside of decree on the basis of fraud and misrepresentation---Rejection of plaint---Failure to ascertain identification of parties---Deciding of incompetent suit---Misstatement of facts---Respondent filed suit for declaration asserting to have purchased the suit-land on the basis of oral sale and further asserted that the possession was delivered to him---Suit was decreed in year 1971, on the basis of consenting statement of petitioner---Petitioner came to know in 1986 about the fraud when he filed application under S.12(2) C.P.C. for setting aside of the decree---Trial Court as well as Appellate Court dismissed the application and revision respectively---Validity---Trial Court had passed the decree on the basis of consenting statement but did not ascertain the identification of petitioner through any independent source as to whether he was a genuine person---Trial Court also did not raise any question about maintainability of the suit which, on the face of it, was not competent, as regarding the claim of respondent in the plaint only a suit for specific performance could have been filed which required affixation of Court-fee according to the value of the suit---No date regarding deal between the parties for sale of land was given and mode of payment of sale price was also not mentioned---Respondent had not come in the Court with clean hands and firstly he had saved the amount of Court-fee by filing suit in wrong forum and as such also committed fraud with the Trial Court, besides causing loss to the public exchequer--Fraud committed by respondent was proved on record that in the plaint he claimed that the possession of suit-land was delivered to him but the actual possession was with the petitioner even till the filing of Constitutional petition and it never changed hands---Respondent never sought implementation of decree during a period of about 15 years, which showed that he was afraid of its having come in the knowledge of the petitioner, otherwise, the respondent might have got it executed immediately after…

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