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MOHAMMAD BASHIR KHAN vs MOHAMMAD AZAM KHAN Ss — 2022 PLD 72 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2022 PLD 72 HIGH-COURT-AZAD-KASHMIR
Year
2022
Reporter
PLD
Parties
MOHAMMAD BASHIR KHAN vs MOHAMMAD AZAM KHAN Ss
Subject matter
Civil

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

MOHAMMAD BASHIR KHAN VS MOHAMMAD AZAM KHAN Ss. 42 & 39---Suit for declaration and cancellation---Cancellation of consent decree---Scope---Plaintiffs filed a suit for declaration and cancellation of consent decree obtained by defendants qua the un-partitioned suit land---Trial Court and Appellate Court concurrently dismissed the suit---Validity---Plaintiffs, despite the fact that they were co-sharers (having possession over the suit land) were not arrayed as party in the suit---Suit was decreed in a summary manner within a short span of 6 days in the shape of consent decree---Decree obtained in collusive attempt by passing the necessary parties and in tricky manner, that too within few days in deviation of codal formalities could not be endorsed and allowed to remain in field when an aggrieved one had made a challenge to the same---Judgments of courts below suffering from mis-reading and non-reading of evidence were set aside and the suit was decreed---Second appeal was accepted.

Other judgments reported in 2022 PLD

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