Articles 12, 42 and 54 of the Civil Procedure Code (v. 1908), section 12 (2), were filed by the plaintiff, the declaration and injunction suit were dismissed by the trial court, but upon appeal by the plaintiff, The Court of Appeal, the trial court's reverse order and trial decision, were filed by the defendant before the Appellate Court under Section 12 (2), CPC, as the judgment and order passed by the plaintiff through the court. Was obtained by practicing fraud. The fact is, it can be set aside as well. The defendant's request was dismissed, except for some reason the notice thought that a document could be submitted in its title, and no other document was on record. On the contrary, no title to the occupation of the plot; on the contrary, the plaintiff submitted a transfer / allotment order in the question issued by the authorities. And based on this document, the appellate court allowed the appeal filed by the appellate court. By approving the illegal injunction, the defendant had to establish his right to remain in the possession of the plot. And after that he could claim to have retained the same, but he did not have any documentary documents which made the petition untenable, it was rejected in the circumstances.
Related judgments — Karachi High Court Sindh, 2011
