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MUHAMMAD AZAM versus MST. BAGBARI


Articles 39 and 42 of the Special Relief Act 1877 constitution of Pakistan (1973), Article 185 (3) of the deceased being the son of the deceased plaintiff, the declaration and annulment of the gift advertisement was executed by him in favor of her husband. The gift-giving process was challenged by a lawyer. Written by the plaintiff and the possession of the property was written and confessed by the defendant on the basis of the fraud, the trial court proceeded to dismiss the case. For his own benefit as well as for his benefit, another relative plaintiff performed a gift in favor of her husband through her lawyer (her son-in-law), thus making a false statement or statement made by her husband. There is no question of fraud, the plaintiffs in their written statement as well as the transfer of property during the proceedings maintained the principle in favor of their husbands. Decisions reported as SCMR 818 of 1994, thus, will not apply to the facts of the present case The plaintiff had no locus standi to object to the validity of the grievance process because the plaintiff's claim was made by the plaintiff. The suit filed by the defendant had no legal right to the property owned by the defendant through the suit. There was misunderstanding regarding the authenticity of the gift process and the Supreme Court, without any legal justification, refused to grant leave of appeal and dismissed the application in the circumstances.

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