ABDUL QADEER vs Mst — 2021 PLD 22 PESHAWAR-HIGH-COURT

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ABDUL QADEER VS Mst. NAZIMA SHAHEEN S. 52---Civil Procedure Code (V of 1908), S.12(2)---Specific Relief act (I of 1877), S. 12---Suit for specific performance of contract---Compromise decree, setting aside of---Fraud and misrepresentation---General attorney of defendant during pendency of suit entered into an agreement with the petitioner to sell---Defendant entered into compromise with the plaintiff and consent decree was passed---Lis pendens, principle of---applicability---Contention of petitioner was that consent decree had been obtained by suppressing material facts from the Court---Petition for setting aside of consent decree was dismissed concurrently---Defendant being owner of suit property had entered into an agreement to sell with the plaintiff and had settled the matter---Defendant had never entered into any transaction or agreement with the present petitioner---alleged agreement to sell with the petitioner had been executed on behalf of attorney of defendant during pendency of suit when restraining order with regard to further alienation of suit property was in the field---No fraud or misrepresentation had been committed by the defendant with the petitioner or with the Court---Petitioner had purchased suit property during pendency of suit and no fraud or misrepresentation was visible from the material placed on file on the part of defendant---Transaction which had taken place during pendency of suit had no protection as it was hit by the principle of 'lis pendens'---Findings recorded by the Courts below were based on proper appreciation of facts and law applicable thereto---If any fraud or misrepresentation had been committed on the part of general attorney of defendant then same could be remedied through suit for damages and recovery of amount paid by the petitioner---Constitutional petition was dismissed, in circumstances.

ABDUL QADEER vs Mst — 2021 PLD 22 PESHAWAR-HIGH-COURT

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