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ANWAR HAYAT versus MST. DURRE SAMIN


Section 12 (2) Constitution of Pakistan, Article 199 Constitutional application dismisses the application under Section 12 (2), CPC without any record of any evidence or any element of misrepresentation due to compromise. It is not necessary to record the supporting and contradictory evidence. Situation Disagreements over legal heritage Sue filed in civil court against male legal heirs A written agreement between heritage heirs of the civil court passed the decree on the terms of the settlement after which legal heirs \ D \ and \ H \ ( Defendants) filed an application under section 12 (), challenging the validity of the decree based on CPC, fraud and misrepresentation, which the trial court rejected without recording the evidence that the parties. The agreement between the du D \ and \ s husbands was signed. H who was permanently designated for the purpose, who accepted the review petition filed against the trial court's order, and the case was left pending the legacy of the litigation D \ and \ H \, Was settled by the husbands, with other legal heirs, having recorded a joint statement for the proper part of them, and compromised with the other legal heirs. Inheritance and the case was decided in terms of the terms of the agreement. The application, filed by the legal heirs D \ and \ H, in such circumstances, was rightly dismissed by the trial court; other legal heirs were entitled to succession. The court had referred to the certificate, in which D \ and \ H again represented their husbands and recognized the fact of the compromise when not required.

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