| Case ID |
3caa29bb-df5f-44f2-8953-aee2a98f9f42 |
| Body |
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| Case Number |
Writ Petition No. 79631 of 2017 |
| Decision Date |
Nov 25, 2019 |
| Hearing Date |
Nov 25, 2019 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioners, Sakina Bibi and others, seeking to set aside orders of lower courts regarding their application under Section 12(2) of the Civil Procedure Code. The court found that the petitioners did not adequately prove their claims of fraud and misrepresentation as they failed to include their previous advocate in the proceedings. The trial court compared signatures on the plaint and the application, concluding they were identical, thus validating the original suit. The decision emphasized that the petitioners had knowledge of the suit and actively participated in its proceedings. Consequently, the petition was dismissed due to lack of merit. |
| Summary |
This case revolves around the dismissal of a constitutional petition by the Lahore High Court concerning a previous suit filed by petitioners Sakina Bibi and others. They claimed that a fake suit was instituted using their names without their knowledge. The petitioners sought to set aside the orders of the lower courts under Section 12(2) of the Civil Procedure Code, alleging fraud and misrepresentation. However, the court found that the previous advocate who represented the petitioners was not included in the application, undermining their claims. The trial court's comparison of signatures was crucial, as it confirmed the authenticity of the original suit. This ruling highlights the importance of including all relevant parties in legal proceedings and the necessity of substantiating claims of fraud with solid evidence. The court's decision reinforces the integrity of legal processes and the requirement for petitioners to actively engage in their cases to ensure their rights are protected. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD MASOOD JAHANGIR
|
| Lawyers |
Muhammad Ahmad Qayyum for Petitioners,
Shadab Hussain Jaffary, Addl. A.G. for Respondents Nos.3 to 5,
Muhammad Yasin Hatif for Respondent No.6,
Ch. Nasrullah Nasir Bhangu and Zubair Ahmad Virk for Respondent No.7
|
| Petitioners |
ANOTHERS,
SAKINA BIBI
|
| Respondents |
15 OTHERS,
ADDITIONAL DISTRICT JUDGE, PAKPATTAN SHARIF
|
| Citations |
2020 SLD 943,
2020 CLC 849
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
12(2)
|