Application under Section 12(2) C.P.C. is hereby allowed

10. As per record/National Identity Card, the respondent/writ petitioner (Muhammad Yaqoob) was minor about 5 ½ years of age at the time of creation of Pakistan and was only 10 years of age when the alleged allotment order was passed showing him as an A-Class allottee being Government Employee. This is an astonishing fact that how can be a minor boy of 10 years became an government servant, as such, the alleged allotment was procured through practicing fraud and misrepresentation of the real facts. The respondent on the basis of fake and forged document of Khata RL.II.123 obtained the order from this Court by committing fraud and misrepresentation of the true facts. It is well settled law that fraud vitiates the most solemn proceedings and any edifice so raised on the basis of such fraudulent transaction stood automatically dismantled and any ill-gotten gain achieved by committing fraud cannot be validated under any laws. Reliance in this regard is placed on Muhammad Attique v. Jami Limited and others (PLD 2010 SC 993), Khursheed Begum and others v. Inam-ur-Rehman Khan and others (PLD 2009 Lahore 552), Nawab Syed Raunaq Ali etc. Vs. Chief Settlement Commissioner & Others (PLD 1973 SC 236), The Chief Settlement Commissioner, Lahore Vs. Raja Muhammad Fazil Khan and others (PLD 1975 SC 331) and Lahore Development Authority Vs. Firdous Steel Mills (Pvt.) Limited (2010 SCMR 1097). Moreover in the judgment reported as Lal Din and another Vs. Muhammad Ibrahim (1993 SCMR 710), the Hon‟ble Apex Court has held that fraud vitiates the most solemn proceedings and no party should be allowed to take advantage of his own fraud. As discussed above the order dated 03.05.1991 passed in W.P.No.1049/1991 was obtained by practicing fraud and misrepresentation of the true facts, as such, the same is hereby reversed and application under Section 12(2) C.P.C. is hereby allowed.

Used in Judgment of
LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT
Land
3263/19
2020 LHC 781