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SHAUKAT ALI versus LIAQUAT ALI AND 6 OTHERS


Section 12 (2) and O VII, R 11 Specific Relief Act (I of 1877), Section 42 Declaration and suit for fraud and misrepresentation of damages, Section 12 (2) for dismissal of plaintiff's remedy , Was presented by CPC. In the case of the parties, immediate and cheap relief to the affected parties will be established whether the verdict, injunction or fraud, misrepresentation or jurisdiction has been obtained, the decision, order or order of the prosecution by filing a separate case. The way to file was no longer a matter. Available to the parties and the order / decision / decree, which was approved by the court, can now be filed by inquiry under section 12 (2), in the present case, all the claims of the CPC plaintiffs, It was alleged that the defendant's order of removal by the rent controller was obtained through fraud, misrepresentation and professional mismanagement of the masked / solicitor who concealed the material and mingled with each other. Was the facts from the court as there was a restriction on filing a case for questioning the validity of the order passed by the court. Even if such an order has been granted without jurisdiction, the present case in which the defendants have sought a declaration that the order has been obtained by mistake in connection with the proceedings of this case has been stated in the declaration Cannot be granted only if a claim can be made from a competent court. It is ruled that the defendant was obtained through fraud, misrepresentation and concealment of facts. The plaintiff had no reason to take action to claim the alleged damages, the verdict, the injunction

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