| Case ID |
39382556-0f03-45aa-a95e-b057e6f1a510 |
| Body |
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| Case Number |
J.M. No. 31 of 2014 |
| Decision Date |
Oct 30, 2014 |
| Hearing Date |
|
| Decision |
The application filed under section 12(2) of the Code of Civil Procedure, 1908, was dismissed due to being time-barred and lacking the essential ingredients of misrepresentation, fraud, and want of jurisdiction. The court emphasized that a vested right was created in favor of the respondent once they were declared the successful bidder in the auction. The applicant's failure to provide a valid explanation for the delay in filing the application, as well as the absence of necessary parties in the original suit, contributed to the dismissal of the application. |
| Summary |
In the case of J.M. No. 31 of 2014, the Sindh High Court ruled on a civil procedure application concerning the auction of land plots. The respondent was declared the successful bidder after fulfilling the auction conditions, which included a deposit of 25% of the bid amount. The applicant sought to set aside the decree from a previous suit based on claims of fraud and misrepresentation, arguing that they were not made a necessary party to the original suit. However, the court found that the application was filed significantly beyond the limitation period and did not meet the requirements set out in section 12(2) of the Civil Procedure Code. The ruling reiterates the importance of timely legal action and the binding nature of auction agreements, emphasizing that a vested right is established upon the successful bid. The case highlights crucial aspects of contract law, auction procedures, and the significance of jurisdiction in civil proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of Sindh,
Karachi Road Transport Corporation,
Sindh Privatization Committee
|
| Judges |
SYED SAEEDUDDIN NASIR, J
|
| Lawyers |
Zia-ud-Din Junejo, A.A.G. Sindh for Applicant,
Mansoor-ul-Arfeen for Respondent
|
| Petitioners |
PROVINCE OF SINDH through Secretary Ministry of Transport
|
| Respondents |
3 others,
MUHAMMAD RAFIQUE
|
| Citations |
2015 SLD 764,
2015 YLR 1051
|
| Other Citations |
AIR 1997 Patna 179,
Bell v. Lever 1931 All ER Report 1
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877,
Contract Act, 1872,
Limitation Act, 1908
|
| Sections |
12(2),
12,
2,
181
|