| Case ID |
20ffe387-5518-4b0b-81c5-fd69db5e5467 |
| Body |
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| Case Number |
Civil Appeal No.1277 of 1990 |
| Decision Date |
Mar 04, 1993 |
| Hearing Date |
Dec 15, 1992 |
| Decision |
The Supreme Court dismissed the appeal, affirming the High Court's decision to accept the application under section 12(2) of the Civil Procedure Code. The Court highlighted that the allegations of fraud and misrepresentation could be addressed through an application instead of a separate suit. The High Court's reliance on the affidavit submitted by the respondents was deemed appropriate as the appellant did not contest the facts presented. The decision emphasized the procedural rights of parties not originally involved in the suit to seek redress for grievances stemming from fraudulent actions. |
| Summary |
In the case of Civil Appeal No.1277 of 1990, the Supreme Court of Pakistan addressed significant issues related to the Civil Procedure Code, particularly section 12(2) concerning fraud and misrepresentation in judicial proceedings. The case emerged from a dispute over a plot in Bahawalpur, where allegations were raised that the auction process was tainted with fraud, including claims that the plot was reserved for a school and that proper procedures were not followed. The Supreme Court upheld the High Court's ruling, which accepted an application from individuals not originally party to the suit, allowing them to challenge a decree obtained through potentially fraudulent means. This case underscores the importance of procedural justice and the rights of individuals to seek remedies against unjust legal decisions, particularly when fraud is alleged. It illustrates the evolving interpretation of legal provisions to ensure that justice is accessible, even to those not initially involved in litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
SAAD SAOOD,
JAN,
MUHAMMAD AFZAL LONE
|
| Lawyers |
Not available
|
| Petitioners |
GHULAM MUHAMMAD
|
| Respondents |
6 others,
M. AHMAD KHAN
|
| Citations |
1993 SLD 617,
1993 SCMR 662
|
| Other Citations |
Ch. Jalal Din v. Mst. Asghari Begum and others 1984 SCMR 586,
Abdur Rauf and others v. Abdur Rahim Khan PLD 1982 Pesh. 172
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
12(2)
|