Case Details

Citation(s)
2003 SLG 2711 2003 SLD 2711 2003 CLC 1481
Sindh High Court
Judicial Miscellaneous No.45 of 2000 and Civil Suit No. 1005 of 1996, decision dated: 20 November, 2002.
KHILJI ARIF HUSSAIN, J

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Haji GHOURI--Applicant

VS

YAR MUHAMMAD CHANDIO and 16 others

Law:

Section:

Civil Procedure Code (V of 1908)------S. 12(2)---Fraud and misrepresentation---Application against--­Applicants claimed interest in respect of suit-land in their possession on basis of Sanad issued by Competent Authority in favour of the applicants---Suit filed by respondent in respect of land in question was decreed in absence of applicants---Decree in respect of suit-land apparently having been obtained by respondent by misrepresentation, same was liable to be set aside---Application filed by applicants under S.12(2), C.P.C. was granted and and decree passed was set aside---Respondent was directed to file amended plant joining applicants as defendants who would file written statement within specified period. Muhammad Ikram Siddiqui for Applicant. Zahid Sohrab Khan for Respondents. ORDER Heard the learned counsel. The learned counsel for the applicants stated that applicants are in possession of Na-Class 21, Makrani Para, Manghopir, Karachi only and are not in possession of Survey No.22 in respect of which the decree has been passed in favour of the plaintiff/DH in Suit No.1005 of 1996. The applicant stated that the decree has been obtained by fraud and in collusion with defendant to deprive the applicants from the properties for which they are holding valid Sanads and their names were mutated in the Deh Form II on 2-11-1991. On 6-12-2002 with the consent of the parties, Mukhtiarkar was appointed as Commissioner to carry out demarcation of Na-Class Nos.21 and 22, Deh Manghopir, Karachi. The Mukhtiarkar, Suddo at Karachi submitted his report on 11th April, 2002 and…
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