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Citation Name: 2023 PLD 275 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mian ABDUL GHAFFAR vs MUHAMMAD ANWAR SAEED Ss — 2023 PLD 275 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PLD 275 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLD
Parties
Citation Name: 2023 PLD 275 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mian ABDUL GHAFFAR vs MUHAMMAD ANWAR SAEED Ss
Subject matter
Civil
Provisions referred to
S. 12; S. 151

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

Citation Name: 2023 PLD 275 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mian ABDUL GHAFFAR VS MUHAMMAD ANWAR SAEED Ss. 12(2) & 151---Challenging the validity of judgment or order on the basis of fraud and misrepresentation---Conversion of application under S. 12(2), C.P.C. into application under S. 151, C.P.C.--- Inherent powers of court---Exercise of---Petitioner withdrew his suit on the basis of compromise but the cheque on the basis of which the compromise was affected was dishonoured with remarks "payment was stopped by the drawer"---Petitioner's application under S.12(2) read with S.151, C.P.C. was accepted by Trial Court restoring the suit of the petitioner but revisional court set aside the judgment of the Trial Court---Validity---Trial Court had rightly exercised inherent jurisdiction under S. 151, Code of Civil Procedure, 1908 because valuable rights of the petitioner were involved and he could not be knocked out of the arena of litigation merely on the basis of technicalities---Courts are to protect the valuable rights of the parties, that is why the inherent powers under S. 151, Code of Civil Procedure, 1908 have been conferred upon the Courts---Revisional Court, without keeping in view the peculiar facts and circumstances of the case in hand had roamed in oblivion, because an application under S. 12(2), C.P.C. could be converted into application under S. 151, C.P.C. in order to administer safer justice to the litigant public, whose interest were being infringed on the basis of order obtained by fraud---Impugned order was set aside and petition was allowed, in circumstances.

Other judgments reported in 2023 PLD

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