MST. SHAHANA ALI versus SYED MUHAMMAD HARIS JAFFARI
Article 12 Civil Procedure Code (V of 1908), Section 12 (2) and AXXI, R 34 Suites for the specific performance of a contract of sale to approve the decree of consent and consequently the amendment and subsequent sale process Apply to the plaintiff's favor and grant possession thereof. The applicant's claim for rejecting the original decree of consent, as requested under section 12 (2), CPC, was that the suit land gifted to the defendant by his mother was his The source was sold to applicant as a registered sales deed as her lawyer. As such, the defendant could not sell the suit land. And that the applicant was abroad at the time of the acceptance of the consent decree, that the plaintiff had executed such an agreement in favor of the plaintiff after which there was a sale agreement in favor of the applicant while such There was no interest in the title, right and title of the contract, the defendant had deprived the applicant of his right to sue the land on the basis of such agreement and consent decree, which made section 12 (2). This created considerable scope for setting aside such a decree, allowing the CPC applicant every opportunity to establish it. We should be. There could be no transfer in favor of the plaintiff in favor of the plaintiff on the basis of the registered sale deed, canceling the sale process executed in favor of the plaintiff would exclude the separation of the order under section 12 (2). ? The court accepted such request, declaring consent to all subsequent amendments and changes to title and occupation.
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