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Petitioner: Mian MUHAMMAD AFZAAL HUSSAIN VS Respondent: ABDUL LATIF
Court Name: Supreme Court of Pakistan Judge(s): Fazal Ilahi Khan, Raja Afrasiab Khan, Zia Mahmood Mirza Title: Mian MUHAMMAD AFZAAL HUSSAIN vs ABDUL LATIF Case No.: Civil Petition No .1188-L of 1995C. R. No.1786/94 Date of Judgment:1996-04-09 Reported As: 1997 SCMR 1382 Result: Leave granted
Judgment ORDER 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of Rs.16,15,000 in the trial Court within one month failing which, the leave granted to him by this order shall stand withdrawn.