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Maulana IBADUR REHMAN ABBASI vs JEHANGIR ADAM Ss — 2024 CLC 151 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 151 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
Maulana IBADUR REHMAN ABBASI vs JEHANGIR ADAM Ss
Subject matter
Civil
Provisions referred to
S. 92; 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

Maulana IBADUR REHMAN ABBASI VS JEHANGIR ADAM Ss. 42 & 54---Civil Procedure Code (V of 1908),Ss. 12(2), 92 & O.XXIII, R.3---Suit for declaration and injunction---Public charities---Judgment, setting aside of---Plea of fraud and misrepresentation---Compromise of suit---One of the parties to suit was a charitable trust---Suit was disposed of on the basis of compromise between the parties---In another suit judgment and decree passed on same subject was challenged by residents of the locality admitting that Mosque/Madrassa was built by the finances provided by a foreign (UAE) national through one of the defendants---Judgment and decree passed in other suit was dismissed by Division Bench of High Court on the ground that the other suit was not-maintainable as suit filed under S.92, C.P.C. relating to Public Trust could not have been allowed to be compromised---Compromise was in violation of the requirement of S.92, C.P.C.---Parties aimed to prejudice the interests of the applicant and their act was not devoid of any misrepresentation---High Court in exercise of jurisdiction under S. 12(2), C.P.C. set aside judgment and decree passed on the basis of compromise---Application was allowed, in circumstances.

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