Mst. HAWABAI AND 6 Other vs ABDUS SHAKOOR AND 8 OTHER — 1970 PLD 367

Citation: 1970 PLD 367

Court: Sindh High Court

Year: 1969

Decision Date: 1969-10-28

Parties: Mst. HAWABAI AND 6 Other vs ABDUS SHAKOOR AND 8 OTHER

Headnotes

Case cited as PLD 1970 Karachi 367

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title: Mst. HAWABAI AND 6 Other vs ABDUS SHAKOOR AND 8 OTHER Case No.: Suit No. 264 of 1966 Date of Judgment:1969-10-28 Reported As: PLD 1970 Karachi 367 Result: Suit dismissed JUDGMENT JUDGMENT This suit has been filed to set aside a compromise decree obtained by the defendants in Suit No. 671 of 1961 in the Court of the 2nd Civil Judge, First Class, Karachi. According to the plaint, the plaintiffs and the defendants are related through a common ancestor, Abdullah Haji Dossul deceased, and are in joint possession of immovable property. Further the plaintiffs are the legal heirs of the late Haji Abdul Latif who died on 9th October 1961 (hereafter called the deceased). On 20th March 1961, the first defendant had filed a suit, being Suit No. 671 of 1961 in the Court of the 2nd Civil Judge, First Class, Karachi for the partition of immovable property against the deceased and all the defendants in the suit before me. I shall refer to this suit as the partition suit. As the deceased had not been served with the summons in that suit, he was neither aware of nor represented in this partition suit. He was also in hospital then and the defendants had taken advantage of this situation and fraudulently filed a compromise application in the partition suit for the partition of the properties in that suit. The suit was decreed by the 2nd Civil Judge, First Class, Karachi on 22-9-1961 in terms of that compromise application, although the…

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