| Case ID |
2634c68e-a3ac-444c-bc3c-8c1cb131b7f7 |
| Body |
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| Case Number |
Civil Petition No. 3643-L of 2001 |
| Decision Date |
Feb 21, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the lower courts' decisions to set aside the consent decree based on the findings of fraud and collusion. The petitioners failed to establish the validity of the power of attorney that was used to obtain the consent decree without notifying the allottees. The Court emphasized the importance of due process, stating that the allottees should have been called to court to confirm the power of attorney. The decision highlights the significance of transparency and fairness in legal proceedings, ensuring that all parties are duly represented and informed. The Court also noted that the allottees could recover possession of the property and seek mesne profits for the entire duration they were deprived of their rights. Ultimately, the petition for leave to appeal was dismissed, affirming the lower courts' rulings. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed significant issues related to consent decrees and the implications of fraud in legal proceedings. The case originated from a dispute over land allotment involving petitioners who claimed ownership based on a consent decree obtained through an attorney's statement. The allottees contested the decree, alleging fraud and misrepresentation, leading to a series of court decisions that ultimately favored the allottees. The Supreme Court's ruling underscored the necessity for proper legal procedures, including notifying all parties involved in a case, to prevent collusion and ensure justice. This case serves as a crucial reference for future legal disputes involving consent decrees and property rights, emphasizing the need for transparency, due diligence, and adherence to legal norms. Keywords such as 'fraud in consent decree', 'property rights', and 'legal representation' are trending in legal discussions, making this case highly relevant for practitioners and scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
TANVIR AHMED KHAN,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Malik Noor Muhammad Awan, Advocate, Supreme Court,
Syed Abul Aasim Jafri, Advocate-on-Record
|
| Petitioners |
Malik YAR MUHAMMAD and others
|
| Respondents |
MUHAMMAD FAROOQ AHMED KHAN and others
|
| Citations |
2003 SLD 958,
2003 SCMR 767
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
12(2),
185(3)
|