NOOR AHMED vs GUL AHMED S — 2021 YLR 1867 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 1867 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: NOOR AHMED vs GUL AHMED S
Subject matter: Civil
Provisions referred to: S. 12

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NOOR AHMED VS GUL AHMED S. 12(2)---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Fraud and misrepresentation---Onus to prove---Applicants assailed judgment and decree which was passed on the plea of fraud and misrepresentation---Validity---Scope of S.12(2), C.P.C. was to restrict only to decide matter of misrepresentation and fraud---Application under S. 12(2), C.P.C. must plead and prove that misrepresentation and fraud was committed by parties to suit while obtaining judgment, decree or order---Burden to prove was upon applicants to prove plea of fraud and misrepresentation and they were to show their legal title and right vested in them in respect of property in question---Applicants claimed their right more than 24 years after institution of suit by respondents---Such conduct showed ignorance of applicants about pending litigation between respondents---High Court in exercise of revisional jurisdiction declined to interfere in orders passed by two Courts below---Revision was dismissed, in circumstances.

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