Application under O.XII, R.6, C.P.C.

-    S. 12(2), O.XII, R.6 & O.XXIII, R.3---Decree on basis of alleged compromise challenged by petitioner on grounds of fraud and misrepresentation---General power of attorney containing power to sell, had allegedly been executed by petitioner at the time when petitioner was in Saudi Arabia as indicated by entries of his passport---Exceptional and unusual haste which was quite evident culminating in compromise decree on the 3rd day of institution of suit, which was first date of hearing and events that followed in quick succession, were impracticable except in collusive proceedings--- Compromise application did not contain even reference to admitted amount of balance sale consideration---Expansion of scope of suit through order passed on application under O.XII, R.6, C.P.C. in absence of any admission in tacit terms, could hardly be termed as lawful and would create serious doubts about bona fides on part of those who were party to compromise---Fraud had, thus, been committed in obtaining decree for transfer of property in question, on basis of void agreement and respondents were guilty of deliberate misstatement amounting to fraud---Decree in question was set aside being based on fraud and misrepresentation

John Paul       V.     Irshad Ali and others
PLD 1997 Karachi 267