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ZAIR SHAH vs NOORAN SHAH S — 2022 YLR 2160 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLR 2160 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
YLR
Parties
ZAIR SHAH vs NOORAN SHAH 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

ZAIR SHAH VS NOORAN SHAH S. 12(2)---Bar to further suit---Recording of evidence---Scope---Petitioners filed a suit for declaration and partition which was decreed ex parte---Respondent filed an application under S. 12(2), C.P.C. which was dismissed by the Trial Court---Appellate Court allowed the appeal and the application under S. 12(2), C.P.C. was remanded to the Trial Court to record evidence before disposal of the application---Validity---Respondent had alleged serious allegations against the petitioners on the ground that the judgment and decree was obtained by playing fraud on the Court as despite the fact that he was in possession of the suit property since long but still he was not made a party in the case filed before the Trial Court---In view of the claims made by respondent, the Trial Court ought to have given an opportunity to the respondent to lead evidence---No doubt, decision on application under S. 12(2), C.P.C. without recording evidence was not against the law, however it depended on the facts and circumstances of each case---Specific allegations of fraud and misrepresentation were alleged against the petitioners which warranted evidence---No material illegality was found in the impugned judgment---Constitutional petition was dismissed. Head NotesCase Description

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