Law: Civil Procedure Code (V of 1908)

Section: S.12(2),O.XXVII,r.4

Law: Civil Procedure Code (V of 1908)

Section: S.12(2),O.XXVII,r.4

Law: Administration of Evacuee Property Act, 1957

Section: 20(i),16(3)

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan (1973), Art.199---Suit for declaration and injunction---Setting aside ex parte decree allegedly based on fraud and misrepresentation---Plaintiff on basis of ex parte decree passed in his favour, sought mutation of disputed land in his name---Defendants who claimed that they were the real owners of 112 acres out of 211 acres of disputed land, by filing application under S.12(2), C.P.C. sought setting aside of ex parte decree passed in favour of plaintiff on the ground that they had purchased 112 acres of land from the person to whom land was transferred under Evacuee Laws---Defendants, in their application had alleged that plaintiff obtained and decree behind their back without impleading them as party to the suit---Trial Court allowed application of defendants filed under S.12(2), C.P.C. and set aside ex parte decree, but Appellate Court below set aside order passed by the Trial Court and restored ex parte and decree---Defendants had filed constitutional' petition against of the, Appellate Court below---Admitted position was that 112 acres of disputed land stood in the names of defendants at the time of passing ex parte decree---Plaintiff had himself pleaded in plaint that Federal Government was the owner of land---Impugned , in circumstances was set aside and order of the Trial Court passed on applications of defendants filed under S.12(2), C.P.C., was restored, with further directions that plaintiff would file amended plaint impleading the defendants, etc. Abdul Hamid Blverger for Petitioners. Abdul Hameed for Respondents. Date of hearing: 5th April, 2006. JUDGMENT FAISAL ARAB, J.--- Brief facts of the case are that in 1987 respondent No.1 filed Suit No.37 of 1987 in the Court of 2nd Senior Civil Judge, Larkana for declaration and injunction with regard to his claim to 211 Acres of land situated in Deh Sajawal, Taluka Mirokhan, and District Larkana. In the suit respondent No.1 pleaded that on the basis of two unregistered sale-deeds, first dated 10-2-1946 and the second dated 1-2-1947, he purchased 211 Acres of agricultural lands from…

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