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MST. BIBI SAHIBA versus MUSTAQIR SHAH

Civil Code 1908 Section 12 (2) and 115 Constitution of Pakistan (1973), Article 185 (3) challenged the unanimous consent of the decree on the basis of fraud and collusion that the petitioners' complaint was that it was 1/3. In part, he was the owner. According to the property, but without the execution of the claimants, the party brought a collective case and a settlement was reached, under which the parties involved in the case were declared the owners of the suit property, the trial court said Has filed a review petition with the High Court after a close examination of the evidence. , Concluded that the alleged compromise was made in mysterious circumstances, and the manner and manner in which it was presented was not to be overturned. The High Court set aside the decree of consent and decided the case on merit. Remanded to. The merit decided only a limited question regarding the role of the parties to the suit's claim in the suit property, without asserting that the parties disposed of the applicant's contentious questions regarding the settlement and rights of the suit. The decision on the basis of the agreement between the parties will not be sustainable, it does not show that the applicants were either foreign to the property or had nothing. The High Court remanded the case to the trial court for a decision on the merit, despite the parties' right to challenge the order, title dispute and dispute resolution relating to the right of the parties to be resolved without recording evidence. The court dismissed the appeals in the circumstances. ask a advocate free from Shangla lawyer