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SARDAR MUHAMMAD versus MST. HASMAT BIBI


On the one hand, the application of fraud and misrepresentation under section 14, 17 and 30 of the Civil Procedure Code (v. 1908), Section 12 (2) of the Constitution of Pakistan (1973), Article 199 of the Constitution Award, Section 12 (2). In keeping with this, the forecasters interested in retaining the CPC submitted the award to the trial court and the award was made a court rule, following the death of their predecessor in interest, the respondents filed section 12 (2) Under the award of fraud and misrepresentation denied the award, the CPC court dismissed the trial court filed by the defendant but the lower appellate court amended. The use of this option allowed the application and the award was set aside where the award was obtained by fraud or misrepresentation, under which the affected parties could challenge the same through an application under section 30 or 33. Under the Arbitration Act, 1940, but an application under section 12 (2), the CPC was not able to challenge such award. The lower appellate court failed to control such legal aspects of the case and exceeded the jurisdiction therein. The decision passed by the lower appellate court was unlawful and the same matter was set aside which allowed its application.

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