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2008 SCMR 714

Mst. ANWAR BEGUM through LRs, and others vs MUHAMMAD FAZIL and

Citation2008 SCMR 714
CourtSupreme Court of Pakistan
Case No.Civil Petition No,2600/L of 2000
Date2005-05-17
Judge(s)Khalil-ur-Rehman Ramday, M. Javed Buttar
ResultPetition dismissed

ORDER

' KHALIL-UR-REHMAN RAMDAY, J.--- This petition calls question an order dated 11-10-2000 passed by a learned Division Bench of the Lahore High Court, Multan Bench in a miscellaneous application filed therein bearing No,1636-C of 1999 under section 12(2) of the C.P.C. The learned High Court dismissed the said application and had declined to set aside the decree dated 4-10-1999 on the ground that no allegation of fraud or misrepresentation or even want or lack of jurisdiction had been made out to impugn the said decree. Even before us the complaint of the petitioner (sic) or not that the side through any fraud or misrepresentation or even that the decree in question had been passed without jurisdiction but the grievance is that the said compromise on the basis of which the decree in question had been passed, was not being acted upon by the other side.

2. This is hardly a ground on which a decree could be set aside under section 12(2) of the C.P.C.

3. In this view of the matter, this petition is misconceived which is accordingly dismissed and leave refused.

Cited by 1 case

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