| Case ID |
fa00c91d-642d-4e7b-9be3-3330fae0a694 |
| Body |
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| Case Number |
W.P. No. 1412 of 2020 |
| Decision Date |
Sep 21, 2022 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the writ petition filed by Rubina Amjad, setting aside her application under Section 12(2) of the Civil Procedure Code. The court held that Rubina had unconditionally withdrawn her original suit as per the Settlement Agreement dated 20.09.2016, thereby relinquishing her claim to the share in Property No.1. The court determined that there was no evidence of fraud, misrepresentation, or lack of jurisdiction in the decree of suit No.154/2016 filed by Javaid Shafique Saddiqui. Consequently, the application under Section 12(2) was deemed an abuse of court process, leading to its dismissal. |
| Summary |
In the Landmark Case W.P. No. 1412 of 2020, adjudicated by the Islamabad High Court on September 21, 2022, the petitioner Mrs. Rubina Amjad filed a writ petition challenging the decree of suit No.154/2016, which had been decreed in favor of Javaid Shafique Saddiqui. The case, also cited as 2023 SLD 6884 and 2023 PLJ 21, revolved around the inheritance and partition of property shares among the legal heirs of Mrs. Saeeda Shafique. The crux of the dispute was the alleged oral and documented gift of 1/3rd share in Property No.1 to Javaid Shafique Saddiqui, formalized through a memorandum of gift dated December 14, 2010. Rubina Amjad contested the authenticity of this memorandum, asserting it was fabricated and void under the Specific Relief Act of 1877, section 42, and the Civil Procedure Code, section 12(2). The resolution of the case was heavily influenced by the Settlement Agreement dated September 20, 2016, wherein Rubina agreed to withdraw her initial suit in exchange for a settlement payment of Rs.25 million from her three brothers, including Javaid, thereby relinquishing her claims to the property shares. The court, presided by Justice Miangul Hassan Aurangzeb, evaluated the evidence and deemed the application filed by Rubina under Section 12(2) as an abuse of judicial process, emphasizing that the scope of this provision is limited to instances of fraud, misrepresentation, or jurisdictional defects, none of which were substantiated in this case. The judgment also referenced several other pivotal cases such as Sandoz Limited vs. Federation of Pakistan (1995 SCMR 1431) and Izzat Khan vs. Province of Sindh (1999 YLR 1180), reinforcing the sanctity of consent decrees barring clear indications of fraud or misrepresentation. Ultimately, the court upheld the integrity of the Settlement Agreement, establishing that Rubina's actions constituted an unethical attempt to reverse a mutually agreed-upon resolution, thereby maintaining Javaid's rightful decree. This decision underscores the courts' commitment to honoring settlements and protecting the finality of consensual decrees, while cautioning against leveraging legal procedures for ulterior motives, a stance supported by the cited jurisprudence and reinforcing the necessity for litigants to engage in good faith negotiations. |
| Court |
Islamabad High Court
|
| Entities Involved |
Capital Development Authority,
Faysal Bank Limited,
Askari Bank Limited,
Silk Bank Limited
|
| Judges |
Miangul Hassan Aurangzeb
|
| Lawyers |
Mr. Muhammad Nazir Jawad,
Ch. Muhammad Atiq,
Ch. Muhammad Umar,
Syed Hasnain Ibrahim Kazmi,
M/s. Muhammad Akram Shaheen,
Kalsoom Akhtar,
Mr. Iqbal Hassan,
Barrister Sara Seerat,
Mr. Salaar Khan,
Mr. Danish Ali
|
| Petitioners |
Mrs. RUBINA AMJAD
|
| Respondents |
JAVAID SHAFIQUE SADDIQUI and 9 others
|
| Citations |
2023 SLD 6884,
2023 PLJ 21
|
| Other Citations |
Sandoz Limited vs. Federation of Pakistan (1995 SCMR 1431),
Al-Abdullah Construction (Pvt.) Ltd. vs. WAPDA (2003 YLR 1535),
Abdul Hakim vs. Shamim Mushtaq (1986 CLC 2611),
Muhammad Munir Ahmed vs. Anwaar ul Haq (2020 YLR 232),
Mazhar Majid vs. Ather Majid (2021 YLR 651),
Izzat Khan vs. Province of Sindh (1999 YLR 1180)
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973,
Specific Relief Act, 1877
|
| Sections |
12(2),
199,
42
|