| Case ID |
0fec6772-8326-4ab2-ac24-f39f587133f3 |
| Body |
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| Case Number |
Writ Petition No. 2665 of 2022 |
| Decision Date |
Mar 16, 2023 |
| Hearing Date |
Mar 09, 2023 |
| Decision |
The Islamabad High Court allowed the writ petition filed by Hamid Nasrullah Ranjha, setting aside the previous order and decree passed by the Civil Judge Islamabad-West on the grounds of fraud, collusion, and misrepresentation. The Court found that the trial court had dismissed the petitioner's application under Section 12(2) of the Civil Procedure Code without properly considering the validity of the agreements and the evidence presented. The petitioner was given the opportunity to join the ongoing proceedings in the suit, which was deemed to be pending at the stage before the impugned decree. The judgment emphasized the importance of allowing parties to present their cases adequately, especially in matters where allegations of fraud and misrepresentation are raised. |
| Summary |
This case revolves around a writ petition concerning the specific performance of an agreement to sell a plot of land in the Supreme Court Employees Co-operative Housing Society, Islamabad. The petitioner, Hamid Nasrullah Ranjha, claimed that a previous agreement dated 15.02.2004 was fraudulent and sought to set aside a decree that favored another party based on that agreement. The Islamabad High Court found that the trial court failed to evaluate crucial evidence and the authenticity of the agreements involved. This decision highlights the legal principles surrounding the Specific Relief Act, Limitation Act, and Civil Procedure Code, ensuring that justice is served by allowing proper scrutiny of claims regarding fraud and misrepresentation. Keywords such as 'specific performance', 'fraud', 'collusion', and 'misrepresentation' are crucial in understanding the legal implications of this case. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Arbab Muhammad Tahir
|
| Lawyers |
Aziz Ahmad Wajahat,
Ch. Sajid Abdullah Sraa
|
| Petitioners |
HAMID NASRULLAH RANJHA
|
| Respondents |
The CIVIL JUDGE ISLAMABAD-WEST
|
| Citations |
2024 SLD 121 = 2024 MLD 10
|
| Other Citations |
2002 SCMR 2003,
1996 SCMR 1524,
1993 SCMR 662,
Khudadad v. Syed Ghazanfar Ali Shah alias S. Inaam Hussain and others 2022 SCMR 933,
Misbah Khanum v. Kamran Yasin and another 2022 SCMR 1629,
Lahore Development Authority v. Arif Manzoor Qureshi 2006 SCMR 1530,
Mrs. Anees Haider v. S. Amir Haider 2008 SCMR 236
|
| Laws Involved |
Specific Relief Act, 1877,
Limitation Act, 1908,
Civil Procedure Code (V of 1908)
|
| Sections |
12,
23,
113,
181,
12(2)
|