ISMAIL KHAN vs Mst — 2021 YLR 703 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 703 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: ISMAIL KHAN vs Mst
Subject matter: Civil
Provisions referred to: S. 12; Civil Procedure Code (V of 1908)

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

ISMAIL KHAN VS Mst. SHAHNAZ BEGUM arts. 117 & 120---Civil Procedure Code (V of 1908), S. 12(2)---Transaction by Parda Nasheen lady--- Onus to prove--- Principle--- Judgment, setting aside of---Misrepresentation and fraud---Plaintiffs/petitioners claimed to be owners of suit property on the basis of gift deed executed in their favour by defendant/respondent who was their sister---Trial Court decreed suit in favour of plaintiffs/petitioners on the basis of conceding statement---Defendant/respondent denied making any conceding statement and sought setting aside of judgment on the plea of misrepresentation and fraud---Trial Court in exercise of jurisdiction under S.12(2), C.P.C. set aside judgment and decree passed against defendant/ respondent, which order was maintained by Lower appellate Court---Validity---Judgment and decree in question was passed solely on the basis of consenting statement of defendant/respondent but neither she appeared during trial nor her statement was recorded---When defendant/ respondent came to know regarding fraud having been committed, she rushed to Court there and then and submitted application under S.12(2), C.P.C.---Heavy onus to prove was on transferee/beneficiary of transaction with Parda Nasheen lady---High Court declined to interfere in concurrent findings of facts by two Courts below as the same were result of proper application of judicial mind---Constitutional petition was dismissed, in circumstances.

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