MUHAMMAD HASHIM vs Haji ABDUL GHAFOOR S — 2022 CLC 489 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 489 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: MUHAMMAD HASHIM vs Haji ABDUL GHAFOOR S
Subject matter: Civil
Provisions referred to: S. 12; S. 27---T; S. 42---S; S. 27; S. 41; Civil Procedure Code

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

MUHAMMAD HASHIM VS Haji ABDUL GHAFOOR S.12(2)---Specific Relief act (I of 1877), S. 27---Transfer of Property act (IV of 1882), S. 42---Suit for specific performance was dismissed for non-prosecution and was restored---Compromise decree was passed on application of parties---Petitioner's application for setting aside such compromise decree was dismissed by trial Court---Revision petition was also dismissed by District Court---Validity---Suit dismissed for non-prosecution was restored with implausible delay of about 4 years without accounting for such delay and without providing chance of hearing to defendants which was mandatory under sub-Rule (2) of the R.9 of Civil Procedure Code, 1908---Trial Court had not ascertained the fact as to whether the defendants allegedly consenting for compromise decree were actually having ownership right over the subject land----Execution application was not required but filed obviously to cover-up fraud---Survey numbers were still in name of the petitioner/applicant---Impugned decree was prima facie a collusive decreee obtained by practicing fraud and making representation of facts---Petitioner, however, had to prove before Trial Court his status as bona fide purchaser to escape the clutches of S.27 of Specific Relief act and S.41 of Transfer of Property act---Impugned orders/decree were set-aside with direction to the Trial Court to implead the petitioner as party in the suit---Constitutional petition was allowed accordingly.

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