NOOR KHAN vs SHER KHAN S — 2022 MLD 1910 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 MLD 1910 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: MLD
Parties: NOOR KHAN vs SHER KHAN 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 KHAN VS SHER KHAN S.12(2), O.VI, R. 4 & O. I, R. 8---Bar to further suit---Particulars to be given where necessary---Plea of fraud and misrepresentation---Burden of proof---Scope---Respondents filed a suit for declaration and permanent injunction within the scope of O.I, R.8, C.P.C., on behalf of three tribes---Suit was decreed---Petitioner filed application under S.12(2), C.P.C., alleging fraud as well as misrepresentation and lack of knowledge regarding the decree---Application was concurrently dismissed---Validity---Since provision of S. 12(2), C.P.C., was invoked by the petitioner so the entire burden to prove fraud and misrepresentation was upon his shoulder---Necessary particulars constituting fraud and misrepresentation had not been mentioned in detail within the scope of O.VI, R.4, C.P.C.---Proper publication was made in the suit prior to proceeding with the case---Petitioner had tried to justify delay of 17 years in filing the application by pleading lack of knowledge but it was admitted that the petitioner's uncle was party to the judgment and decree---Petitioner had neither filed any revenue record nor had he relied upon any document which could justify his locus standi to file application under S. 12(2), C.P.C.---Constitutional petition was dismissed. Head NotesCase Description

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