2021 PLD 196 QUETTA-HIGH-COURT-BALOCHISTAN

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SAMIULLAH VS BAZ MUHAMMAD S. 12(2)---"Final order"---Application under S.12(2), C.P.C.---Appeal of respondent against eviction order of Trial Court in favour of respondent (alleged owner of shop) was dismissed by High Court---Separate suit of the present applicant for declaration and permanent injunction against respondents was decreed in favour of applicant/ plaintiff---Held, that applicant was recorded owner of shop as per revenue abstract---Respondent intentionally concealed from High Court the fact that applicant filed the suit for declaration and permanent injunctions---Even after disposal of the said suit, respondents (contesting in appeal before High Court) did not bother to inform the fate of the suit to High Court---Fraud would vitiate most solemn proceeding---Respondents by concealing the facts from Court/Rent Controller committed fraud---Concealment of facts should be discouraged---High Court accepted application under S.12(2) and remanded the matter to Rent Controller with direction to implead the applicant and decide the application according to law---Cost of Rs.200,000/- imposed on the respondents.