BIBI FARIDA vs GUL REHMAN S — 2022 YLR 1720 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 1720 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: BIBI FARIDA vs GUL REHMAN S
Subject matter: Criminal
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

BIBI FARIDA VS GUL REHMAN S. 12(2)---Specific Relief act (I of 1877), Ss. 8, 42 & 54---Suit for recovery of possession, declaration and injunction---Judgment, setting aside---Fraud and misrepresentation---In suit filed by plaintiffs, applicants were represented through their real brothers---Suit was decreed in favour of plaintiffs and appeal before Lower appellate Court was dismissed---During pendency of revision petition before High Court, applicants sought setting aside of judgments and decrees under S.12(2), C.P.C.---Entire family had been part of litigation and three Local Commissions visited the spot which had been constituting the cause of dispute in instant litigation but nowhere could the applicants become aware of pendency of litigation---Such stance was unbelievable and nothing more than a false plea and an afterthought---If such practice was allowed, then there would be no end to abuse of process of Court and there could be no finality ever in litigation between parties---application was an effort of the nature of abuse of process of Court and deserved to be buried at very first instance---Petition was dismissed, in circumstances. Head NotesCase Description

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