1997SCMR1382 (PLP)
Mian MUHAMMAD AFZAAL HUSSAIN ‑‑‑Petitioner Versus ABDUL LATIF‑‑‑Respondent
| Citation | 1997SCMR1382 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Fazal Ilahi Khan, Zia Mahrnood Mirza and Raja Afrasiab Khan, JJ |
| Parties | Mian MUHAMMAD AFZAAL HUSSAIN ‑‑‑Petitioner Versus ABDUL LATIF‑‑‑Respondent |
| Primary Law | Civil Procedure Code (V of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 1997SCMR1382 (PLP)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997SCMR1382 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Fazal Ilahi Khan, Zia Mahrnood Mirza and Raja Afrasiab Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997SCMR1382 (PLP) (Mian MUHAMMAD AFZAAL HUSSAIN ‑‑‑Petitioner Versus ABDUL LATIF‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Mushtaq Masood, Advocate Supreme Court with Sh. Masood Akhtar, Advocate‑on‑Record for Petitioner.
- Mian Sarfraz Ahmed, Advocate Supreme Court with C.M. Latif, Advocate‑on‑Record for Respondent.
- Date of hearing: 9th April, 1996.
Headnotes / Summary
(On appeal from order dated 20‑9‑1995 passed by the Lahore High Court, Lahore in C. R. No.1786/94). ‑‑‑‑S. 12(2)‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Application for setting aside decree on grounds of fraud and misrepresentation‑‑‑Dismissal of such application by all the Courts including High Court‑‑‑Validity‑‑‑Leave to appeal was granted to consider whether in view of allegations of fraud and collusion/misrepresentation made in application under S.12(2), C.P.C., it was not necessary for Trial Court to have decided such application after framing necessary issues and allowing opportunity to petitioner to lead evidence in support of his allegations‑‑‑Petitioner was directed to deposit balance amount in Trial Court within specified period failing which leave granted to him would stand withdrawn.
Judgment & Decree
ZIA MAHMOOD MIRZA, J.‑‑‑We have heard the learned counsel for the parties at considerable length and have also perused the impugned orders as also the application moved by the petitioner under section 12(2), C.P.C. and grant leave to appeal to consider whether in view of the allegations of fraud and collusion/misrepresentation made in the application under section 12(2), C.P.C., it was not necessary for the trial Court to have decided the application after framing necessary issues and allowing opportunity to the petitioner to lead evidence in support of his allegations.
2. Petitioner is directed to deposit the balance amount of Rs.16,15,000 in the trial Court within one month failing which, the leave granted to him by this order shall stand withdrawn. A.A./M‑3316/S Leave granted.