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SAEED IQBAL versus SAYED SHABIR AHMAD

Article 12 Civil Code of Conduct (v. 1908), Section 12 (2) Specific Performance Settlement of the Contract Dealing with the Challenge Declaration on Fraud and Misrepresentation Claims, Plaintiff / Vendor Claims that Plaintiff's Father Was Guardian to His Son Due to the dispute that the land was agreed to be sold, some of the money was taken as money and the rest was to be received by the seller / defendant at the time of confirmation of the change suit. The trial court, the defendant, had filed an application under section 12 (2), CPC, that the affirmative verdict was obtained by the defendants by practicing fraud in the court. The plaintiff claimed that the alleged sale agreement as well as the sales variations were fake and fraudulent claimants. He stated that his father did not have the authority to sell his property because he was not appointed by the court as the defendant's guardian, dismissed by appellate court approval or proceeding under section 12 (2). In recording the evidence, CPC was not a rule of law because it is not the responsibility of the court to conduct such exercise in each case under Section 12 (2), CPC. The record shows that defendant and his father were present before different courts and filed written statements before these courts. The plaintiff and his father acknowledged the execution of the sale agreement and received the dues, the plaintiff himself appeared in the appellate court and made a statement in the presence of his lawyer that he should appeal the decision on the matter between the parties. No objection to the plaintiff is important, which assumes that the terms of the agreement are fully known. The lawyer for the defendant does not indicate any illegality. advocate from Lakimarwat lawyer