SHAMS-UD-DIN vs MUHAMMAD ALI Ss — 2023 YLR 441 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 441 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: SHAMS-UD-DIN vs MUHAMMAD ALI Ss
Subject matter: Civil
Provisions referred to: S. 12; Civil Procedure Code (V of 1908)

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

SHAMS-UD-DIN VS MUHAMMAD ALI Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Art. 117---Civil Procedure Code (V of 1908), Ss. 12(2) & 115---Suit for declaration and injunction---Fraud and misrepresentation---Proof---Petitioner sought setting aside of judgment and decree under S.12(2), C.P.C., passed in favour of respondent on the plea of fraud--- Validity--- Plea of fraud and misrepresentation were pre-conditions for application under S.12(2), C.P.C.---Whenever fraud and misrepresentation was alleged by a party, the particulars of fraud and misrepresentation with detail were to be mentioned in the application---Party who alleged fraud and misrepresentation was to bring detail facts of fraud on record---Party who alleged something must prove the same under Art. 117 of Qanun-e-Shahadat, 1984---Revision was dismissed, in circumstances.

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