Citation Name: 2023 CLC 515 PESHAWAR-HIGH-COURTBookmark this Case FAZL-E-KHALIQ vs Dr

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2023 CLC 515 PESHAWAR-HIGH-COURTBookmark this Case FAZL-E-KHALIQ VS Dr. NELOOFAR YOUSAFZAI S.12(2)---Specific Relief act (I of 1877), Ss.42 & 54---Suit for declaration and injunction---Fraud and misrepresentation---Effect---Ubis jus ibi remedium, doctrine of---applicability---Petitioner/plaintiff claimed to be owner of suit property and Trial Court decreed the suit in his favour---appeal filed on behalf of respondent/defendant was withdrawn by her counsel---Lower appellate Court on application of respondent/defendant restored appeal in exercise of jurisdiction under S.12(2), C.P.C.---Validity---Fraud could not be directly proved it had to be inferred from surrounding circumstances---Fraud vitiated the most solemn proceedings---Respondent / defendant filed her appeal by appointing counsel who withdrew it without consent and authorization, which gave undue advantage to petitioner / plaintiff who had become the sole beneficiary on the withdrawal of appeal---all essential ingredients of collision, were proved and verdict of Trial Court in favour of petitioner / plaintiff remained intact due to withdrawal of appeal by the counsel of respondent / defendant unilaterally and making false statement that he was under instruction of respondent / defendant to withdraw the same---Withdrawal application was accepted by Trial Court in violation of ground realities existed on the spot---Such was sufficient to establish that petitioner / plaintiff was a beneficiary and secured order of withdrawal in connivance with counsel of respondent / defendant--- Doctrine of ubi jus ibi remedium, was rightly pressed into service to hold that order of withdrawal of appeal of respondent / defendant by her counsel was without authorization, consent and the same was the result of fraud, misrepresentation and collision with petitioner---High court declined to interfere in order passed by Lower appellate Court as there was no illegality, irregularity or jurisdictional defect in order passed by Lower appellate Court---Revision was dismissed in circumstances.

Citation Name: 2023 CLC 515 PESHAWAR-HIGH-COURTBookmark this Case FAZL-E-KHALIQ vs Dr — 2023 CLC 515 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 CLC