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GHULAM BAHADAR vs AKBAR BACHA S — 2024 CLC 734 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 734 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
GHULAM BAHADAR vs AKBAR BACHA 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

GHULAM BAHADAR VS AKBAR BACHA S. 12 (2)----Judgment, setting aside of----Plea of fraud----Principal and attorney relationship----Compromise by attorney in absence of principal----Applicant was aggrieved of disposal of constitutional petition filed by respondents on the basis of compromise effected by attorney in his absence----Validity----Fraud vitiates solemn proceedings and time does not sanctify action of fraud and misrepresentation----No inference of fraud can be drawn merely on the basis of oral assertion in absence of any proof of allegation of fraud----Applicant took plea of fraud and was under heavy burden to substantiate allegation of fraud through clear and convincing evidence----Applicant was not able to discharge his onus to the satisfaction of law----Evidence recorded in civil suit and evidence brought on record in proceedings under S.12(2), C.P.C., did not suggest any concealment or suppression of material facts by respondents----Factum of fraud or misrepresentation or lack of jurisdiction were sine qua non for maintaining and allowing application under S. 12(2), C.P.C.---Mere bald submission of applicant that he was not present personally on the date fixed could not be entertained as against the law that principal was bound for the acts done by his validly appointed attorney----High Court in exercise of powers under S.12(2), C.P.C., declined to set aside order / judgment passed on the basis of compromise as the same was not result of any fraud or misrepresentation committed, nor the same was result of any jurisdictional defect or any other material irregularity----Application was dismissed, in circumstances.

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