| Case ID |
43dcff58-62fe-4040-a693-c9fb584e818c |
| Body |
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| Case Number |
Civil Petition No. 120-L of 1995 |
| Decision Date |
Apr 10, 1995 |
| Hearing Date |
Apr 10, 1995 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the decision of the lower courts. The petitioners, claiming to be collaterals of the original defendant Kaloo, alleged fraud and misrepresentation regarding a consent decree for specific performance of a land sale agreement. However, the courts found that Kaloo had indeed acknowledged the sale in court, supported by evidence including his identity verification and statements made in the presence of his counsel. The Supreme Court ruled that the new arguments presented by the petitioners could not be considered as they were not raised in the previous courts. Consequently, the leave to appeal was refused, reinforcing the validity of the consent decree and the findings of fact established by the lower courts. |
| Summary |
This case revolves around the appeal against a consent decree regarding a land sale agreement. The Supreme Court of Pakistan addressed the allegations of fraud and misrepresentation brought forth by the petitioners, asserting that the original defendant, Kaloo, had consented to the sale in a prior court hearing. The decision highlights the principle of finality in judgments and the importance of raising all relevant arguments in earlier stages of litigation. The ruling emphasizes that new pleas cannot be introduced at the Supreme Court level if they were not previously presented, thereby upholding the integrity of the judicial process. Keywords such as 'specific performance', 'fraud in consent decree', 'Supreme Court of Pakistan', and 'legal representation' are crucial for understanding the case's significance in the realm of property law and judicial proceedings in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD,
JAN,
MANZOOR HUSSAIN SIAL,
ZIA MAHMOOD MIRZA
|
| Lawyers |
N.M. Tayyab,
Ch. Mehdi Khan Mehtab
|
| Petitioners |
Ghulam Muhammad,
DILBAR HUSSAIN,
Muhammad Shaft
|
| Respondents |
MUHAMMAD SHARIF
|
| Citations |
1997 SLD 698,
1997 SCMR 978
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908),
Colonization of Government Lands (Punjab) Act (V of 1912),
Constitution of Pakistan (1973)
|
| Sections |
12,
12(2),
19,
185(3)
|