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ILAHI BAKHSH versus SHEIKH MUHAMMAD SADIQ


Section 12 (2) and O. VIII, R11 Constitution of Pakistan (1973), Article 199 Constitutional application Decision to set aside order on the basis of fraud and misrepresentation Failure to detect the identity of the parties; A lawsuit was filed for claims claiming to have purchased the suit property on the basis of a misidentification of the facts to be decided and further added that the property was handed over to him. The suit was decided in the year 1971, based on the applicant's statement of consent, the applicant found out in 1986 about the fraud when he made the decision with the trial court as well as section 12 (2). ) Filed an application under CPC and the appellate court dismissed the petition and review, respectively, the affirmative trial court had passed the decree on the basis of a statement of consent but the identity of the applicant could not be ascertained. By any independent source whether he was a real person, the trial court also raised no questions about the care of a case that, on his face, was not appropriate, because the plaintiffs' claims about respondents only A suit could be filed for specific performance under which the cost of the suit number must be linked to the court fee. The agreement regarding the sale of the land between the parties was dated and the procedure for payment of the sale price was not mentioned. The respondent did not come to the court with clear hands and first he made the wrong forum. I had saved the court fee money by filing a lawsuit and, as it committed fraud with the trial court, the defendant's public treasures were also common.

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