PROVINCE OF SINDH THROUGH SECRETARY MINISTRY OF TRANSPORT versus MUHAMMAD RAFIQUE
Section 12 (2) Limitation Act (IX of 1908), Article 181 Specific Relief Act (I of 1877), Application Components Fraudulent, Misrepresentation and Scope for Separation of Application / Decision for Specific Performance of Section 12 Contract Authorization basis, scope based delay delay Condo Nation Plot Auction is entitled to the highest bidder Scope Responder Declared as a successful bidder in the auction on the termination of the hammer in the terms and conditions of the auction. And was asked to deposit 25% of the total bid amount. The plot / property in question which paid the same for the seller of the plot will be confiscated to reduce the size of the plot and / or withdraw from the auction after the hammer has been removed, which will allow the defendant to sub Bidder and successful buyer. Residential Plots / Property in question If such rights were granted to the seller based on the terms and conditions of the auction, they were available to him before the plot in question. Or auction and sale not later, under section 12 (2), the present application was filed after a period of 5 years and 3 months and 14 days, which was banned, subject to limitation of 1908. The time specified by Article 181 for the filing of such application was three years from the order when the right to apply had not been given nor any explanation was given, nor the applicant filed any petition for concession. The components of Section 12 (2), CPC misrepresentation, fraud and court jurisdiction were required. Court proceedings on charges of fraud, misrepresentation and seeking jurisdiction in the present case
Related judgments — Karachi High Court Sindh, 2015