MUHAMMAD IDREES ABBASI vs Syed AKBAR KHAN Ss — 2022 CLC 1322 KARACHI-HIGH-COURT-SINDH

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

MUHAMMAD IDREES ABBASI VS Syed AKBAR KHAN Ss.42 & 54---Civil Procedure Code (V of 1908), S.12 (2)---Suit for declaration and injunction---Maintainability---Setting aside of judgment---Plea of fraud and misrepresentation---Doctrine of election of a remedy---Applicability---Plaintiff assailed lease deed executed as result of fraud---Validity---Originally suit was filed challenging judgment and decree obtained by a set of defendants under an earlier suit---Rights of defendants were arising out of judgment and decree which could not be disturbed through a suit, as it amounted to same challenge i.e. judgment and decree of a court which in fact conferred right upon defendants---Such approach of plaintiff was tainted with mala fide, as he filed the suit after exhausting remedy under S.12(2), C.P.C. before the same court---On account of failure in those proceedings under S.12(2), C.P.C., as it was dismissed by the court, plaintiff preferred a revision which too was dismissed---Plaintiff knowingly that defendants acquired rights under a decree which he claimed to be outcome of collusion, fraud and misrepresentation, he had challenged rights of defendants through fresh suit which was not permissible---Plaintiff could not acquire any right against rights determined under a decree and sustained after dismissal of application under S.12(2), C.P.C.--- Plaintiff had already exhausted remedy under S.12(2), C.P.C. in terms of doctrine of election for challenging ex parte and collusive decree which was challenged on the grounds of fraud and misrepresentation---Plaintiff could not obtain a parallel decree in respect of property in question where rights of parties were determined via earlier judgment and decree---Suit was dismissed accordingly.

MUHAMMAD IDREES ABBASI vs Syed AKBAR KHAN Ss — 2022 CLC 1322 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2022 CLC